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Friday 28 June 2013
10:31:00 pm 0

SOUTH CHINA SEA DISPUTE


Territorial disputes in the South China Sea involve both land (island) and maritime disputes among seven sovereign states within the region, namely the:
·        China People's Republic of China (PRC)
·        Taiwan Republic of China (Taiwan)
·        Philippines Philippines
·        Vietnam Vietnam
·        Malaysia Malaysia
·        Brunei Brunei
·        Indonesia Indonesia
The disputes include the maritime boundary in the Gulf of Tonkin as well as maritime boundaries off the coasts of Vietnam, Malaysia, Brunei and the Philippines. There is a further dispute in the waters near Indonesia's Natuna Islands. Additionally, there are disputes among the various island chains of the South China Sea basin, including the Spratly Islands and the Paracel Islands. The interests of different nations include acquiring fishing areas around the two archipelagos, the potential exploitation of suspected crude oil and natural gas under the waters of various parts of the South China Sea, and the strategic control of important shipping lanes.

Specific Disputes
1.   Maritime boundary in the Gulf of Tonkin between Vietnam and China 
2.   Maritime boundary along the Vietnamese coast between Vietnam, China, and Taiwan
3.   Maritime boundary in the waters north of the Natuna Islands between Indonesia, China, and Taiwan 
4.   Maritime boundary north of Borneo between Vietnam, China, Taiwan, Malaysia and Brunei
5.   Islands in the southern reaches of the South China Sea, including the Spratly Islands by Vietnam, Malaysia, The Philippines, Taiwan, and China
6.   Maritime boundary off the coast of central Philippines and Luzon between the Philippines, China, and Taiwan
7.   Islands in the northern reaches of the South China Sea, including the Paracel Islands between Vietnam, China, and Taiwan
8.   Maritime boundary in the Luzon Strait between the Philippines and Taiwan, including islands
9.   The nine-dash area claimed by China which covers most of the South China sea and overlaps EEZ of Brunei, Malaysia, Philippine and Vietnam

Current Situation

Vietnam, the Philippines, Brunei, Malaysia and other countries claim the reefs within the Chinese nine-dotted line are unpopulated reefs. The United Nations Convention on the Law of the Sea, which came into effect on November 16, 1994, resulted in more intense territorial disputes between the parties.
As of 2012, all of the Paracel Islands are under Chinese control.
Eight of the Spratly Islands are under Chinese control; Vietnamese troops have seized the greatest number of Spratly islands, 29. Eight islands are controlled by the Philippines, five by Malaysia, two by Brunei and one by Taiwan. The Indian Ambassador to Vietnam, while expressing concern over rising tension in the area, said that 50 per cent of its trade passes through the area and called for peaceful resolution of the disputes in accordance with international law.

2011 Agreement

On July 20, 2011, the PRC, Brunei, Malaysia, the Philippines and Vietnam agreed to a set of preliminary guidelines which would help resolve the dispute. The agreement was described by the PRC's assistant foreign minister, Liu Zhenmin, as "an important milestone document for cooperation among China and ASEAN countries". Some of the early drafts acknowledged aspects such as "marine environmental protection, scientific research, safety of navigation and communication, search and rescue and combating transnational crime," although the issue of oil and natural gas drilling remains unresolved.

Chinese objection to Indian naval presence and oil exploration

On July 22, 2011, the INS Airavat, an Indian amphibious assault vessel on a friendly visit to Vietnam, was reportedly contacted 45 nautical miles from the Vietnamese coast in the disputed South China Sea by a party identifying itself as the Chinese Navy and stating that the ship was entering Chinese waters. A spokesperson for the Indian Navy explained that as no ship or aircraft was visible, the INS Airavat proceeded on her onward journey as scheduled. The Indian Navy further clarified that "[t]here was no confrontation involving the INS Airavat. India supports freedom of navigation in international waters, including in the South China Sea, and the right of passage in accordance with accepted principles of international law. These principles should be respected by all."
In September 2011, shortly after China and Vietnam signed an agreement seeking to contain a dispute over the South China Sea, India's state-run explorer, Oil and Natural Gas Corporation (ONGC) said that its overseas investment arm, ONGC Videsh Limited, had signed a three-year agreement with PetroVietnam for developing long-term cooperation in the oil sector, and that it had accepted Vietnam's offer of exploration in certain specified blocks in the South China Sea In response, Chinese Foreign Ministry spokesperson Jiang Yu, without referring to India by name, stated as follows:
"China enjoys indisputable sovereignty over the South China Sea and the island. China's stand is based on historical facts and international law. China's sovereign rights and positions are formed in the course of history and this position has been held by Chinese Government for long. On the basis of this China is ready to engage in peaceful negotiations and friendly consultations to peacefully solve the disputes over territorial sovereignty and maritime rights so as to positively contribute to peace and tranquillity in the South China Sea area. We hope that the relevant countries respect China's position and refrain from taking unilateral action to complicate and expand the issue. We hope they will respect and support countries in the region to solve the bilateral disputes through bilateral channels. As for oil and gas exploration activities, our consistent position is that we are opposed to any country engaging in oil and gas exploration and development activities in waters under China's jurisdiction. We hope the foreign countries do not get involved in South China Sea dispute."
An Indian foreign ministry spokesman responded, "The Chinese had concerns, but we are going by what the Vietnamese authorities have told us and [we] have conveyed this to the Chinese."The Indo-Vietnamese deal was also denounced by the Chinese state-run newspaper Global Times.



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