South China Sea Dispute-Case Study

Cherie Aria
May 2, 2016
3 min read

*This article was written before the arbitration. It was written as part of the study guide of the ASEAN Regional Forum (ARF) in SOUTMUN 2016. It is posted here only for the purpose of education and discussion. However, the content of this report is original and the author of this piece owns the copy right.

Case Study

China vs Phillipines

Source: Al Jazeera The nine-dash-line is a U-shaped boundary that, according to China, devides the naval territory of China and the Phillipines.

[endif]-- People's Republic of China's demands for the South China Sea are mainly based on its "nine-dash-line" claim. However, the Republic of Philippines argue that it is void given that it is in violation of agreements of the United Nations Convention on the Law of the Sea(UNCLOS) on exclusive economic zones and territorial seas. In January of 2013, Philippines filed an arbitration claim against the PRC. China dismissed Philippines notification, clearly stating in a Note Verbal to the Permanent Court of Arbitration (PCA) that it "does not accept the arbitration initiated by the Philippines, which the PRC considers as unilateral. PRC released a position paper in December of 2014, arguing that the conflict is an issue regarding sovereignty, therefore not subject to arbitration. However, the PCA still found that the Tribunal has jurisdiction over the issue. In the same month, another claimant state in the South China Sea dispute, Vietnam, also made three major statements. First of all, stating that they support the arbitration case filed by the Philippines, then making it clear that they do not admit PRC's nine-dash-line claims and calling for the PCA to notice their claim of the Parcel islands and certain other territories. ![endif]--

Earlier this year at the Sunnyland Summit, leaders of member states of the Association of Southeast Asian Nations (ASEAN) released a joint statement with president Brack Obama which emphasized a peaceful resolution," "full respect for legal and diplomatic processes," and recognition of international law. Indicating support for the arbitration case Philippines has against PRC.

Many legal experts predict that PRC's claims over low-tide-elevations may be invalidated. The Arbitral Tribunal might even decide on whether PRC's nine-dash-line claim is legitimate, in addition to determining if it's calls of historical rights and territory are well-founded and lawful.

China vs Vietnam

PRC and the Socialist Republic of Vietnam had close ties in the past due to their common socialist background. They have, however, always had problems regarding territorial water in the Gulf of Tonkin and sovereignty over the Parcel and Spratly Islands. In 2011, both countries declared claims to the South China Sea that appear to be conflicting. In June of that year, Vietnam proclaimed that they would be conducting new military exercises in the South China Sea area which the PRC vehemently opposed. China had previously asserted their disapproval of oil exploration of the Vietnamese in the area, stressing that it has sovereignty over the Spratly Islands and the surrounding waters. Based on events dating back to the Vietnam war when PRC and North Vietnam came to the agreement that they would put aside territorial conflicts until South Vietnam had been defeated. At the time, South Vietnam and PRC each controlled half of the Parcel Isalnds and North Vietnam withdrew its claim to them while accepting the PRC's.

Source: The Diplomat Anti-Chinese riots in Vietnam

Earlier this year, HYSY981 has reportedly been stirring dispute once again. Since April 3rd, the rig is said to have been operating near the mouth of the Tonkin Gulf according to the Vietnam News Agency. This is around the area where exclusive economic zones of the PRC and Vietnam overlaps. Though the rig is clearly closer to Hainan island of China than to Vietnam, Vietnam does not agree with such actions on China's behalf. Le Hai Binh, Vietnamese Foreign Ministry spokesperson, announced that Vietnam strongly objects such actions and expects the PRC to cancel drilling plans immediately and pull back HYSY981. He also called for China to "make practical contribution to peace and stability in the East Sea." Although PRC responded by saying that the operation is of normal business exploration in waters under "undisputed jurisdiction of China." Asking Vietnam to be "objective and reasonable."

Suggestion for Further Research