Advertisement
South China Sea
Opinion

In the South China Sea, Beijing is a big fish in a small pond

Barry Desker says despite The Hague’s ruling against China, it is clear that disunited Southeast Asian states are no obstacle to Beijing’s maritime ambitions

5-MIN READ5-MIN
Barry Desker says despite The Hague’s ruling against China, it is clear that disunited Southeast Asian states are no obstacle to Beijing’s maritime ambitions
Barry Desker
The tribunal’s decision will heighten tensions within Asean, and increases the likelihood that China will exert more pressure on the claimant states to negotiate on a bilateral basis and give due recognition to China’s interests.
The tribunal’s decision will heighten tensions within Asean, and increases the likelihood that China will exert more pressure on the claimant states to negotiate on a bilateral basis and give due recognition to China’s interests.
The risk of confrontation between China and the maritime states of Southeast Asia has increased significantly following the Permanent Court of Arbitration’s ruling that China’s expansive claim to the waters of the South China Sea enclosed by its “nine-dash line” had no legal basis under the UN Convention on the Law of the Sea, and China could not claim historical rights to resources within the enclosed area. It criticised China for denying Philippine fishermen access to shared fishing grounds and aggravating the dispute by engaging in extensive land reclamation and the building of artificial islands.

The arbitral tribunal noted that the entitlement of islands to a territorial sea and exclusive economic zone has to be based on natural conditions, not the result of augmentation through land reclamation. It concluded that none of the features in the Spratlys are islands capable of sustaining human or economic life on their own, including the Taiwanese-occupied Itu Aba, the largest natural land mass in the Spratlys.

A map on sale in Beijing includes an insert with red dotted lines showing China's claimed territory in the South China Sea, a vast tract of water through which a huge chunk of global shipping passes. Photo: AFP
A map on sale in Beijing includes an insert with red dotted lines showing China's claimed territory in the South China Sea, a vast tract of water through which a huge chunk of global shipping passes. Photo: AFP

US should be willing to help Philippines defend disputed reef in South China Sea, says former commander of American forces in Pacific

In a striking indictment of Chinese actions, the tribunal observed that China had violated the Philippines’ sovereign rights within the Philippine exclusive economic zone by interfering with Philippine fishing and petroleum exploration, constructing artificial islands and failing to prevent Chinese fishermen from fishing within the zone.

China rejects the jurisdiction of the UN tribunal. Ahead of the announcement, Chinese policymakers engaged in a diplomatic offensive, warning that any decision undermining Chinese sovereignty “will increase tension and undermine peace in the region”. The Chinese government has since rejected the ruling, calling it “null and void”.

Select Voice
Select Speed
1x
AI-generated voice