South China Sea Dispute

What is the South China Sea Dispute ?

It is a dispute over territory and sovereignty over ocean areas and the Paracels and the Spratlys - two island chains claimed in whole or in part by a number of countries. Alongside the fully fledged islands, there are dozens of uninhabited rocky outcrops, atolls, sandbanks and reefs, such as the Scarborough Shoal.

Who claims what?

China claims by far the largest portion of territory - an area stretching hundreds of miles south and east from its most southerly province of Hainan. Beijing has said its right to the area come from 2,000 years of history where the Paracel and Spratly island chains were regarded as integral parts of the Chinese nation.

In 1947 China issued a map detailing its claims. It showed the two island groups falling entirely within its territory. Those claims are mirrored by Taiwan, because the island considers itself the Republic of China and has the same territorial claims.

Vietnam hotly disputes China's historical account, saying China never claimed sovereignty over the islands until the 1940s. Vietnam says both island chains are entirely within its territory. It says it has actively ruled over both the Paracels and the Spratlys since the 17th Century - and has the documents to prove it.

The other major claimant in the area is the Philippines, which invokes its geographical proximity to the Spratly Islands as the main basis of its claim for part of the grouping.

Both the Philippines and China lay claim to the Scarborough Shoal (known as Huangyan Island in China) - a little more than 100 miles (160km) from the Philippines and 500 miles from China.

Malaysia and Brunei also lay claim to territory in the South China Sea that they say falls within their economic exclusion zones, as defined by the United Nations Convention on the Law of the Sea in 1982. Brunei does not claim any of the disputed islands, but Malaysia claims a small number of islands in the Spratlys.

How much trouble does the dispute cause?

The most serious trouble in recent decades has flared between Vietnam and China. The Chinese seized the Paracels from Vietnam in 1974, killing more than 70 Vietnamese troops. In 1988 the two sides clashed in the Spratlys, when Vietnam again came off worse, losing about 60 sailors.The Philippines has also been involved in a number of minor skirmishes with Chinese, Vietnamese and Malaysian forces.The most recent upsurge in tension has coincided with more muscular posturing from China. Beijing officials have issued a number of strongly worded statements, including warning their rivals to stop any mineral exploration in the area.The Philippines has accused China of building up its military presence in the Spratlys. The two countries have engaged in a maritime stand-off, accusing each other of intrusions in the Scarborough Shoal. Chinese and Philippine vessels refuse to leave the area, and tension has flared, leading to rhetoric and protests.Unverified claims that the Chinese navy deliberately sabotaged two Vietnamese exploration operations has led to large anti-China protests on the streets of Hanoi and Ho Chi Minh City.Vietnam has held live-fire exercises off its coast - an action that was seen as a gross provocation by Beijing.

Is anyone trying to resolve the row?

Over the years, China has tended to favour arrangements negotiated behind closed doors with the individual leaders of other countries. But the other countries have pushed for international mediation.So in July 2010, when US Secretary of State Hillary Clinton became involved in the debate and called for a binding code of conduct, China was not pleased. The Chinese Foreign Ministry dismissed her suggestion as an attack on China.Agreements such as the UN's 1982 convention appeared to lay the framework for a solution. But in practice, the convention led to more overlapping claims, and did nothing to deter China and Vietnam in pressing their historical claims.Both the Philippines and Vietnam have made bilateral agreements with China, putting in place codes of conduct in the area. But the agreements have made little difference.
The regional grouping Asean - whose membership includes all of the main players in the dispute except China and Taiwan - concluded a code of conduct deal with China in 2002.Under the agreement, the countries agreed to "resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations".But recent events suggest that Vietnam and China at least have failed to stick to the spirit of that agreement. And Asean continues to discuss new ideas for resolving the dispute.

India and South China Sea

China’s hard line on the South China Sea(SCS) has affected India too. New Delhi was a bit taken aback after Beijing denounced plans by an Indian Company to develop oil fields in the region. The Chinese objection was to ONGC Videsh’s (OVL) venture for off-shore oil exploration in water’s belonging to Vietnam (not recognized by China), Beijing urged India to refrain from entering into deals with Vietnamese firms exploring oil and gas in the disputed SCS over which China enjoys ‘indisputable’ sovereignty.However, while China opposes India’s entry into the SCS, it insists on building strategic projects in Pakistan occupied Kashmir (POK) and on deploying troops there. There were recently unconfirmed reports of confrontation between the Chinese warship and INS Airavat in the international waters of SCS. India has responded to Chinese objections by stating that its cooperation with Vietnam is in accordance with international laws.

The afore-stated developments need to be seen in the context of India’s stated naval doctrine. The Indian Navy document (2007) “Freedom to use the Seas: India’s Maritime Military Strategy”, lays down clearly that India's area of interest which “extends from the north of the Arabian Sea to the South China Sea''. In the 2010 ARF meeting, India was among 12 (of 27 participating countries) that backed the United States’ multilateral approach, instead of China’s “bilateral approach” for resolution of the SCS disputes. During the 17th ARF meeting, India joined other countries to openly declare that the SCS should remain open for international navigation. 

India has a strong interest in keeping sea lanes open in the South China Sea . The SCS is not only a strategic maritime link between the Pacific and the Indian Oceans, but also a vital gateway for shipping in East Asia. Almost, 55% of India’s trade with the Asia Pacific transits through the SCS. Apart from helping secure energy supplies for countries like Japan and Korea, India has the unique distinction of shipping oil from Sakhalin to Mangalore through sea routes of the region. Therefore, it is vital for India to have access to the region. If China continues to assert dominance over these waters, it will be difficult for India to continue with its activities through this channel. New Delhi realizes, now more than ever, that capacity building and maritime cooperation between India and ASEAN will be the key to stability in the region. It is important for India to sustain its position in the South China Sea.

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