Daily Times

The South China Sea (SCS) is an important water body for the international trade. It connects the East Asian states with Europe and the rest of the world for trade and energy supplies. The South China Sea is crucial for Japan, China, the Philippines, and other ASEAN states for their economic growth. China is the state with the best military, the highest economic growth, and ambition for regional hegemony, and it is militarily active in the South China Sea.

China has invested around $50 billion in the construction of artificial islands and enabling them for military capabilities. China argues that its actions are legitimate by emphasizing its ‘nine-dash line’ on maps and historical ties to the region.

The South China Sea is strategically very significant as $3.4 trillion in trade passes through it annually. The South China Sea is rich in fisheries which is the livelihood of millions of people in neighboring states. The sea also holds 11 billion barrels of oil and 190 trillion cubic feet of natural gas. These resources are the centre of conflict between states.

China has converted submerged reefs into artificial islands and deployed military assets necessary for defensive and offensive purposes. This posture is a high point of concern for the USA because of its security pacts and agreements with Japan (QUAD), Taiwan (Mutual Defense Treaty), and the Philippines. Other states like Vietnam, Indonesia, Malaysia, Brunei and the Philippines also have claims over these islands and cite UNCLOS due to violations of their exclusive economic zones (EEZs) by China.

The presence of US bases in the Philippines and Taiwan involved the risk of global conflict over the South China Sea.

There are many tiny reefs in the South China Sea scattered in distances. According to the Asia Times report, China has transformed seven reefs in the Spratlys into artificial islands. The distinctive method involves extracting coral from the reef core, pulverizing it, and piling it up to create elevated land to host various facilities.

These include China’s three largest artificial islands, Mischief Reef, Fiery Cross Reef, and Subi Reef, which create a triangular defence position against USA bases in the Philippines (Asian Times). These islands have military capabilities including radar systems, anti-ship and anti-aircraft missiles, fighter jets, surface-to-air missiles, airstrips, communication arrays, and naval berths. This provides China with an edge to control and show its power in the sea. The Philippines and Vietnam also claim some of the reefs and islands near their exclusive economic zones (EEZs) and territorial waters.

This brings the legal Framework in this dispute defined by the United Nations Convention on the Law of Seas (UNCLOS). UNCLOS defined that 200 nautical miles from the state coastline are States EEZs and have rights over resources in their respective EEZs.

The Philippines filed a case against China in the Permanent Court of Arbitration (PCA) for violating the UNCLOS. The 2016 PCA ruling invalidated China’s territorial claims, declaring them inconsistent with international law and norms. Beijing dismissed the ruling as null and void by citing the ‘nine-dash line’ asserting historical control over the region based on ancient maps and records.

The Philippines and Vietnam are increasing their military and defence capabilities by joining alliances with the USA and Australia. The presence of USA bases in the Philippines and Taiwan involved the risk of global conflict over the South China Sea.

Since 2020, the USA has conducted several freedom of navigation operations (FONOPs) in the South China Sea, sailing warships through disputed waters to challenge China’s excessive claims. In March 2023, the USS Milius operated near the Paracel Islands, the region claimed by China, Vietnam, and Taiwan. The US conducts FONOPs to affirm the principles of international law under the UNCLOS. China protests against these FONOPs, accusing the USA of violating its sovereignty. This includes the risks of accidental clashes, which can escalate and lead to global conflict. These interactions are complex and can cause conflict due to misunderstandings between the USA and China.

The ambition of China is to dominate the region by militarizing the artificial Islands. However, this poses a great danger to regional stability due to non-adherence to International law. To overcome the risk of global conflict between China and the USA, the global community must prioritize multilateral dialogue to avoid any misunderstandings. All states including China and ASEAN must comply with legal frameworks, like UNCLOS to ensure peace and security in the South China Sea. The tensions in the South China Sea are a stark reminder of the dangers posed by unchecked geopolitical rivalries.

The writer is a freelance columnist.