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The South China Sea Conflict

The South China Sea conflict involves overlapping territorial and maritime claims by several countries over a region rich in natural resources and crucial for global trade. The sea is a key maritime corridor through which about one-third of global shipping passes annually. The dispute centers on sovereignty over island groups such as the Spratly and Paracel Islands, as well as maritime rights to fisheries, oil, and gas reserves.

1- Historical Background

China’s claims trace back centuries, with official assertions beginning in the early 20th century. The Republic of China (ROC) under the Kuomintang government introduced the “eleven-dash line” in 1947, marking a vast area covering almost the entire South China

Sea, including the Spratly and Paracel Islands. After the Chinese Civil War, the People’s Republic of China (PRC) adopted a slightly modified “nine-dash line,” excluding some areas to improve relations with North Vietnam.

Vietnam’s claims date back to the early 19th century, with Emperor Minh Mang’s 1830 maps extending Vietnamese territory to the Spratly Islands. The Philippines’ claims stem from Spanish colonial maps from the 18th and 19th centuries, which included Scarborough Shoal and parts of the Spratly archipelago within the Philippine domain.

In 1909, China claimed the Paracel Islands amid a dispute with Japan. France occupied them in 1933, sparking Chinese protests. After WWII, the 1951 San Francisco Treaty left sovereignty unresolved, with the Philippines inheriting Spanish claims and China asserting historical rights. The dispute escalated in the 1970s after oil was discovered; China seized the Paracels from South Vietnam in 1974. In 1988 and 1994, China took control of features in the Spratlys from Vietnam and the Philippines, respectively. Currently, China fully controls the Paracels and parts of the Spratlys, Vietnam controls most Spratly features, and the Philippines, Malaysia, and Brunei also claim parts of the Spratlys and overlapping EEZs.

2- Main issues and points of contention:

The core dispute concerns sovereignty over the Spratly Islands, Paracel Islands, and Scarborough Shoa

which influence maritime rights under UNCLOS. Coastal states have territorial seas of 12 nautical miles and EEZs extending 200 nautical miles, leading to overlapping claims that cause conflicts over fishing, resources, and military presence.

The South China Sea holds vast reserves of oil, natural gas, and rich fisheries critical to regional economies and food security. The United States and its allies conduct Freedom of Navigation Operations to challenge excessive claims, while China restricts foreign military activity and militarizes artificial islands.

China has accelerated land reclamation and built military facilities on several reefs and islands, including airstrips, radar stations, and missile systems, notably on Fiery Cross Reef and Woody Island.

Satellite imagery confirms China’s artificial islands are heavily militarized, enhancing its ability to project power and control maritime access.Frequent maritime standoffs occur, especially between China and the Philippines, Vietnam, and Malaysia. These incidents often involve fishing vessels, coast guard ships, and naval forces.

 –  Role of ASEAN and Regional Diplomacy

ASEAN promotes peaceful dialogue and a Code of Conduct (COC) to manage disputes but struggles with internal divisions and China’s influence over some members.

Involvement of External Powers

The United States conducts FONOPs and supports allies to uphold freedom of navigation and international law. Japan provides military aid and advocates regional security cooperation. The European Union calls for peaceful resolution and respect for international law.

 – United Nations and International Legal Mechanisms

The 2016 Permanent Court of Arbitration ruling favored the Philippines, invalidating China’s nine-dash line claims. China rejected the ruling, limiting enforcement.

– United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS defines maritime zones and rights, providing a legal basis for resolving disputes. It grants coastal states territorial seas and EEZs but does not resolve sovereignty over land features.

Quad Issues Strong Message to China Over UNCLOS Violations - Regtechtimes

The 2016 Permanent Court of Arbitration ruling rejected China’s nine-dash line claims as legally baseless and stated that some maritime features do not generate exclusive economic zones. China dismissed the ruling and continues its island-building and militarization, challenging international law enforcement. This raises risks of conflict escalation, though efforts like communication hotlines, joint resource development, and negotiating a binding Code of Conduct aim to reduce tensions. A peaceful resolution depends on ASEAN unity, China’s constructive engagement, and adherence to international law.The 2016 Permanent Court of Arbitration ruled China’s nine-dash line claims legally invalid and limited maritime rights of certain features. China rejected the ruling and maintained island-building, challenging international law enforcement. This raises conflict risks, while efforts like communication hotlines, joint resource projects, and a binding Code of Conduct aim to ease tensions. Peace depends on ASEAN unity, China’s cooperation, and respect for international law.

:Sources

-Council on Foreign Relations (CFR) — South China Sea Tracker

-Ministry of Foreign Affairs of the People’s Republic of China

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