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Spratly Islands dispute
Spratly Islands
Spratly Is since NalGeoMaps.png
Spratly Islands military occupations map
Related articles
Spratly Islands dispute
Dangerous Ground (South China Sea)
Great Wall of Sand
History of the Spratly Islands
List of maritime features in the Spratly Islands
List of airports in the Spratly Islands
Vietnamese DK1 rigs
Royal Malaysian Navy Offshore Bases
Philippines and the Spratly Islands
Republic of Morac-Songhrati-Meads
Territorial disputes in the South China Sea
Confrontations
Southwest Cay incident (1975)
Johnson South Reef skirmish (1988)
Military occupations
China Occupied by China[show]
Malaysia Occupied by Malaysia[show]
Philippines Occupied by the Philippines[show]
Taiwan Occupied by Taiwan[show]
Vietnam Occupied by Vietnam[show]
The Spratly Islands dispute is an ongoing territorial dispute between China, Taiwan, Malaysia, the Philippines, Vietnam, and Brunei, concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" (reefs, banks, cays, etc.) located in the South China Sea. The dispute is characterised by diplomatic stalemate and the employment of military pressure techniques (such as military occupation of disputed territory) in the advancement of national territorial claims. All except Brunei occupy some of the maritime features.
There has been a sharp rise in media coverage owing mainly to China's increasingly vocal objection to the presence of American naval vessels transiting the area in order to assert the right to freedom of navigation within international waters.
Most of the "maritime features" in this area have at least six names: The "International name", usually in English; the "Chinese name", sometimes different for PRC and ROC (and also in different character-sets); the Vietnamese, Philippine and Malaysian names, and also, there are alternate names (e.g. Spratly Island is also known as Storm Island), and sometimes names with European origins (French, Portuguese, Spanish, British, etc.).[1]
The Spratly Islands are important for economic and strategic reasons. The Spratly area holds potentially significant, but largely unexplored, reserves of oil and natural gas, it is a productive area for world fishing, it is one of the busiest areas of commercial shipping traffic, and surrounding countries would get an extended continental shelf if their claims were recognised. In addition to economic incentives, the Spratlys sit astride major maritime trade routes to Northeast Asia, giving them added significance as positions from which to monitor maritime activity in the South China Sea and to potentially base and project military force from. In 2014, China drew increased international attention due to its dredging activities within the Spratlys, amidst speculation it is planning to further develop its military presence in the area.[2] In 2015 satellite imagery revealed that China was rapidly constructing an airfield on Fiery Cross Reef within the Spratlys whilst continuing its land reclamation activities at other sites.[3][4][5] Only China (PRC), Taiwan (ROC), and Vietnam have made claims based on historical sovereignty of the islands.[6] The Philippines, however, claims part of the area as its territory under UNCLOS, an agreement parts of which[7] have been ratified by the countries involved in the Spratly islands dispute.
Reasons for the dispute
There are multiple reasons why the neighbouring nations in particular, and the rest of the world in general, would be interested in the Spratly Islands.
Hydrocarbons
In 1968, oil was discovered in the region.[8] The Geology and Mineral Resources Ministry of the People's Republic of China (PRC) has estimated that the Spratly area holds oil and natural gas reserves of 17.7 billion tons (1.60 × 1010 kg),[citation needed] compared to the 13 billion tons (1.17 × 1010 kg) held by Kuwait, placing it as, potentially, the fourth largest reserve bed in the world. The United States Energy Information Administration contests this, estimating almost no oil and less than 100 billion cubic feet of natural gas exists in fields near the Spratly Islands.[9][10] Still, these large potential reserves have assisted in intensifying the territorial claims of the neighbouring countries.
In 1968 and 1970, the Philippines started to take their territorial claims more seriously and stationed troops on three islands which had been claimed by the adventurer Tomas Cloma as part of Freedomland.[11] In 1973, Vietnamese troops were stationed on five islands.[12]
On 11 March 1976, the first major Philippine oil discovery occurred off the coast of Palawan, near the Spratly Islands territory. In 2010, these oil fields supplied 15% of all petroleum consumed in the Philippines.[13] In 1992, the PRC and Vietnam granted oil exploration contracts to US oil companies that covered overlapping areas in the Spratlys. In May 1992,[14] the China National Offshore Oil Corporation (CNOOC) and Crestone Energy (a US company based in Denver, Colorado) signed a co-operation contract for the joint exploration of the Wan'an Bei-21 block, a 25,155 square kilometres (9,710 sq mi) section of the southwestern South China Sea that includes Spratly Island areas.[15] Part of the Crestone's contract covered Vietnam's blocks 133 and 134, where PetroVietnam, PetroStar Energy (US) and ConocoPhillips Vietnam Exploration & Production, a unit of ConocoPhillips, agreed to evaluate prospects in April 1992. This led to a confrontation between China and Vietnam, with each demanding that the other cancel its contract.
Commercial fishing
The region is one of the world's most productive areas for commercial fishing. In 2010, the Western Central Pacific (excluding the northernmost reaches of the South China Sea closest to the PRC coast) accounted for 14% of the total world catch at 11.7 million tonnes. This was up from less than 4 million tonnes in 1970.[16] The PRC has predicted that the South China Sea holds combined fishing and oil and gas resources worth one trillion dollars.[citation needed] There have already been numerous clashes between the PRC and the Philippines, PRC and Vietnam, and between other nations over "foreign" fishing vessels in Exclusive Economic Zones (EEZs), and the media[which?] regularly report the arrest of Chinese fishermen. In 1984, Brunei established an exclusive fishing zone encompassing Louisa Reef in the southeastern Spratly Islands.[17]
Commercial shipping
The region is one of the busiest shipping lanes in the world. During the 1980s, at least 270 ships passed through the Spratly Islands region each day. More than half of the world's supertanker traffic, by tonnage, passes through the region's waters every year. Tanker traffic through the South China Sea is over three times greater than through the Suez Canal and five times more than through the Panama Canal; 25% of the world's crude oil passes through the South China Sea.[citation needed]
Confrontations
There have been a number of notable clashes in the Spratly Islands, some of which are discussed in the following articles:
Territorial disputes in the South China Sea
Southwest Cay invasion (1975)
Johnson South Reef Skirmish (14 March 1988)
Scarborough Shoal standoff (commenced 8 April 2012)
Hai Yang Shi You 981 standoff (2014)
International law
South China Sea claims and agreements.
Extended continental shelf claims, 2009
Via UNCLOS, the United Nations provided for countries with coastlines to submit claims to the UN's Commission on the Limits of the Continental Shelf (CLCS),[18] (for their continental shelf to be extended beyond 200 nautical miles of their shores), by 13 May 2009. A total of 48 nations made full claims, and dozens more made preliminary submissions.[19] Two of the submissions made to the CLCS addressed claims in the South China Sea (SCS) – one by Vietnam for a claim over the northern portion of the SCS (which included the Paracel Islands), and another jointly by Vietnam and Malaysia for a joint claim over a "defined area" in the middle of the SCS between the two countries, which included part of the Spratly Islands. Brunei made a preliminary submission notifying of its intention to claim a continental shelf beyond 200 nautical miles from its shores.[20]
China (PRC) immediately issued protests over the two submissions and called on the United Nations not to consider them. It also issued a stern warning to countries not to claim the islands which it said were its sovereign territory.[19][21]
Philippine protests to ITLOS, 2011
On 23 May 2011, Philippine President Benigno Aquino III warned the visiting Chinese Defense Minister Liang Guanglie of a possible arms race in the region if tensions worsened over disputes in the South China Sea. In March, the Philippines complained that Chinese patrol boats had harassed a Philippine oil exploration vessel in disputed waters near the Spratlys, and subsequently filed a formal protest at the International Tribunal for the Law of the Sea (ITLOS).[22]
Philippines submission to the Permanent Court of Arbitration, 2013–2016
Further information: Philippines v. China
On 22 January 2013, the Philippines instituted arbitral proceedings against the People's Republic of China in the Permanent Court of Arbitration (PCA).[23][24] On 19 February 2013, China rejected and returned the Philippines' Notification. The Permanent Court of Arbitration acts as Registry in this arbitration.[24]
Philippine Justice Antonio T. Carpio states that the case is solely a maritime dispute, and not territorial in nature. The Philippines seeks clarification from the tribunal as to whether China's 9-dashed line can negate the Philippines' Exclusive Economic Zone as guaranteed under the United Nations Convention on the Law of the Sea (UNCLOS), of which China is a signatory. As part of the case, the Philippines also seeks clarification on whether rocks barely (1.8 meter) above water at high tide, (such as Scarborough Shoal), generate a 200-nautical-mile (370 km; 230 mi) EEZ, or only a 12-nautical-mile (22 km; 14 mi) territorial sea. Clarification of whether China can appropriate low-tide elevations, such as the Mischief Reef and the Subi Reef within the Philippines' EEZ, have also been included in the case. "The Philippines is not asking the tribunal to delimit by nautical measurements overlapping EEZs between China and the Philippines. The Philippines is also not asking the tribunal what country has sovereignty over an island, or rock above water at high tide, in the West Philippine Sea."[25]
According to a PCA press release on 12 July 2016 "[The] Tribunal concluded that, as between the Philippines and China, there was no legal basis for China to claim historic rights to resources, in excess of the rights provided for by the Convention, within the sea areas falling within the ‘nine-dash line’".[26]
Diplomatic moves
1992 ASEAN Declaration on the South China Sea
On 22 July 1992, ASEAN issued a declaration on the South China Sea, emphasising that the dispute should be solved peacefully without resorting to violence.[27]
1995 Agreement
Following a 1995 dispute between the PRC and the Philippines, an ASEAN-brokered agreement was reached between the PRC and ASEAN member nations whereby one country would inform the other of any military movement within the disputed territory, and that there would be no further construction.[citation needed]
The agreement was promptly violated by PRC and Malaysia: claiming storm damage, seven PLA Navy vessels entered the area to repair "fishing shelters" in Panganiban Reef (Mischief Reef); Malaysia erected a structure on Investigator Shoal and landed at Rizal Reef (Commodore Reef). In response, the Philippines lodged formal protests, demanded the removal of the structures, increased naval patrols in Kalayaan, and issued invitations to American politicians to inspect the PRC bases by plane.[citation needed]
Declaration on the Conduct of Parties in the South China Sea, 2002
On 4 November 2002 in Phnom Penh, the Declaration on the Conduct of Parties in the South China Sea[28] was signed by the 10 foreign ministers of ASEAN countries and China (PRC). The parties explicitly undertook in this declaration, "to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned".[28] The parties also undertook to exercise self-restraint with activities that would complicate or escalate disputes and affect peace and stability, including refraining from inhabiting the presently uninhabited islands, reefs, shoals, cays, and other features. The parties pledged to carry out confidence building measures, such as: holding dialogues and exchange of views as appropriate between their defence and military officials; ensuring just and humane treatment of all persons who are in danger or distress; notifying on a voluntary basis other parties concerned of any impending joint / combined military exercise; and exchanging, on a voluntary basis, relevant information. The parties may also explore or undertake cooperative activities such as: marine environmental protection; marine scientific research; safety of navigation and communication at sea; search and rescue operations; and combating transnational crime, including but not limited to trafficking in illicit drugs, piracy, armed robbery at sea, and illegal traffic in arms.
The declaration eases tensions, but falls short of a legally binding code of conduct.
Code of Conduct in the South China Sea
In July 2012, China (PRC) announced that it is open to launching discussions on the Code of Conduct in the South China Sea, but called for all parties to exercise self-restraint in keeping with the spirit of previous declarations and United Nation conventions. This announcement has been criticised by many neighbouring states because of the contradictions seen in the Scarborough Shoal at that time where China has established de facto control.[29]
On 2 August 2012, the United States Senate unanimously passed a resolution declaring that China's July 2012 actions to unilaterally assert control of disputed territories in the South China Sea "are contrary to agreed upon principles with regard to resolving disputes and impede a peaceful resolution."[30]
Chinese dredging activities
Subi Reef being built up into an artificial island, 2015
In 2014 Janes reported that during 2013–2014 China had begun a substantial program of dredging and land reclamation at three sites in the Spratlys. Janes concluded that 'The strategic effect of China's dredging and land reclamation makes it the most significant change to the South China Sea dispute since the 1988 Johnson South Reef Skirmish. If completed as envisioned in the CGI designs, China will have its first airstrip in the Spratly islands – and a base from which to impose its interpretation of the surrounding features' sovereignty'.[2]
Janes also noted that in contrast to the previous construction projections of other countries in the Spratlys, 'The main difference between these activities and China's is that they modified existing land masses, while Beijing is constructing islands out of reefs that for the most part were under water at high tide'.
There is no known official term for the projects; the phrase "great wall of sand" was first used by Harry Harris, commander of the US Pacific Fleet, in March 2015.[31]
2015 construction of an airfield at Fiery Cross Reef
In April 2015 new satellite imagery revealed that China was rapidly constructing an airfield at Fiery Cross Reef, in addition to its ongoing dredging activities in the Spratlys.[4] In September, China had completed a 3125-metre runway.[32]