Embassy of the People’s Republic of China in South Africa
Pretoria - Not long ago, Foreign Editor of Independent Media Shannon Ebrahim wrote an article explaining the crux of the South China Sea issue, i.e. the United States, in order to maintain its hegemony, has been strengthening its military presence in the South China Sea, challenging China's territorial sovereignty, and threatening international and regional peace and stability. We would like to take this opportunity to give some further explanations to help you better understand the historical facts of the South China Sea issue, and enhance your understanding and support for China and countries in the region to maintain peace and stability in the South China Sea.
First, what is the root cause of the South China Sea issue?
China’s sovereignty, rights and interests over the Nanhai Zhudao (South China Sea islands) in the South China Sea have been established over the long course of history, and are solidly grounded in history and law, consistent with relevant international law and practice, and widely acknowledged by the international community.
China’s sovereignty over the Nanhai Zhudao had never been challenged by other countries before 1970s. After World War II, in accordance with such international legal documents as the Cairo Declaration and the Potsdam Proclamation and using warships dispatched by the United States, China reclaimed and resumed the exercise of sovereignty over its territories including Taiwan and the Penghu Islands, the Xisha Islands (Paracel Islands) and the Nansha Islands (Spratly Islands) which were illegally occupied by Japan. In 1948, the Chinese government officially announced the dotted line in the South China Sea, which had not been questioned by any country for a long time.
After World War II, many maps of the United States, the Soviet Union, Japan, and neighbouring countries in the South China Sea like Vietnam, and the Philippines, showed the dotted line in the South China Sea and clearly marked the Nansha Islands as Chinese territory.
The root cause for the dispute in the South China Sea is that some countries in the region illegally occupied some of China’s Nansha Islands since 1970s. Since then, with the promulgation and entry into force of the United Nations Convention on the Law of the Sea (UNCLOS), disputes over maritime rights and interests such as exclusive economic zones and continental shelves have also occurred between China and those countries.
Second, is the South China Sea issue subject to the regulation of UNCLOS?
The issue of territorial sovereignty is not a matter regulated by UNCLOS. Obviously the ownership of the South China Sea Islands is not subject to UNCLOS. In 2006, in accordance with Article 298 of the UNCLOS, China made a declaration excluding such disputes as involving maritime delimitation from the UNCLOS compulsory dispute settlement procedures. About 30 countries, including China, have made similar declarations, which constitute an integral part of the UNCLOS.
It has been the consensus between China and relevant countries to settle their disputes through negotiations. However, in disregard of the consensus, certain country initiated the South China Sea arbitration unilaterally, though territorial disputes are not subject to UNCLOS and that maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China's 2006 declaration. In violation of the principle of international law of “state consent”, the Arbitral Tribunal overstepped its authority and made obvious mistakes in facts-finding and application of law. Many countries have already raised doubts over it. The so-called award is illegal and invalid, which China did not accept or recognize at the very beginning.
Third, what is the real reason behind the tension over the South China Sea issue?
As is known to all, the United States is the external force behind the tensions in the South China Sea. In fact, the South China Sea is currently one of the safest and freest sea passages in the world. 50% of the world's merchant ships and 1/3 of the maritime trade voyage through this area, and more than 100 000 merchant ships pass through the area every year. Nearly 60% of China's maritime trade and more than 85% of energy imports go through the South China Sea, including trade with African countries.
The United States does not have a single inch of land in the South China Sea, but uses the so-called "freedom of navigation" as an excuse to send military forces to the South China Sea. In the first half of this year alone, US sent military aircraft to the South China Sea more than 2,000 times. In July this year, US military aircraft have conducted nearly 70 reconnaissance missions in the South China Sea. Recently it also sent two aircraft carriers to these waters and called on its allies and partners to send warships to this area. While strengthening military presence in the region itself, the US labeled China's legitimate and reasonable self-defense construction on its own islands and reefs as "militarization“.
As Shannon Ebrahim pointed out sharply, “the US views China as a threat to its global hegemony, and so its strategy in the South China Sea is not to resolve disputes peacefully, but to limit China’s influence.”
The United States is not a contracting party to UNCLOS. Nor is it directly involved in the relevant disputes in the South China Sea. However, it claims to be the so-called "arbitrator" of the South China Sea issue and stoked tensions between China and countries in the region. Recently, the US even went so far as to say that many of China’s claims in the South China Sea have no basis in international law and that the award of the arbitration case is legally binding on both China and the Philippines. It is a brazen violation of the US government’s commitment on not taking sides regarding the issue of sovereignty in the South China Sea. Such an act seriously violates and distorts international law, and is firmly opposed by the Chinese side.
As a matter of fact, the United States is always selective about the application of international law. It preaches international law to others but sticks to "American Exceptionalism", putting itself above the international law. The US once expanded the Johnston Island (if it can be considered an island) from a mere 0.18 square kilometres to 2.4 square kilometres and claimed a 200-mile exclusive economic zone and continental shelf accordingly.
Fourth, how can the South China Sea issue be resolved?
The South China Sea is the shared home for the countries in the region. It should not be a wrestling ground for international politics. Thanks to years of hard work, countries in the region have found effective ways to properly address their differences over territory and jurisdiction issues in the South China Sea. On November 4, 2002, China and ASEAN countries signed the Declaration on the Conduct of Parties in the South China Sea (DOC) in Phnom Penh, Cambodia. This is the first political document signed by China and regional countries on the South China Sea issue. This milestone document embodies the political will of all countries to promote mutual trust and cooperation and jointly maintain peace and stability in the South China Sea, and has played an important role in maintaining peace and stability in the South China Sea and the region.
At present, China is working with ASEAN countries to fully and effectively implement the DOC and vigorously promote cooperation in marine environmental protection, scientific research, search and rescue, etc. They are stepping up negotiations on concluding the Code of Conduct in the South China Sea (COC), an upgraded version of the DOC, on the basis of complying with international law and properly taking care of the legitimate rights and interests of countries outside the South China Sea, so as to jointly maintain peace and stability and freedom of navigation in the South China Sea. Related consultations have made positive progress.
Facts have proved that it is the right way for China and ASEAN countries to implement the DOC and press ahead with COC negotiations to properly manage their disputes, deepen cooperation and maintain peace and stability in the South China Sea. Countries in the region have a shared responsibility to keep the South China Sea peaceful and stable, and no external interference should be allowed to disrupt their common efforts.
China is prepared to strengthen maritime cooperation with other littoral countries, deepen mutual security confidence, and advance joint development, so as to make the South China Sea a sea of peace, friendship and cooperation.