THE United States announced its new Asia Pacific Maritime Security Strategy on Aug 21 outlining its position on the region’s security affairs. While the US pledged to continue diplomacy and multilateralism in engaging countries in the Asia Pacific, the new strategy focuses on safeguarding the freedom of the seas, and dissuading conflict and coercion.
In this regard, although the US does not take sides in the South China Sea disputes, she has vested interests in ensuring the claims are resolved peacefully as she seeks a strong military presence and to increase her capability in the Asia Pacific. As suggested by Admiral Scott Swift, the Commander of the US Pacific Fleet, during a talk in Kuala Lumpur recently, presence and partnerships are essential building blocks and the US navy places high importance on strengthening cooperation with its counterparts in the region, signalling a stronger US military activity.
The South China Sea has been a security conundrum for countries in the Asia Pacific region and the international community, and issues surrounding the multifaceted overlapping claims involving China and five other countries have taken on an urgent dimension. In this regard, the latest development that could potentially change the status quo on the management of the sea includes the Philippines’ arbitral proceedings against China on the legality of China’s claim to historic rights and jurisdiction inside the nine-dash line as well as maritime rights and interests. China, on the other hand, does not accept any third-party involvement in the dispute and rejected the Philippines’ case at the Permanent Court of Arbitration.
The second worrying development is China’s expansion and upgrading of the land covering seven features, i.e. Subi Reef, Johnson South Reef, Gaven Reef, Cuarteron Reef, Fiery Cross Reef and Hughes Reef. The Philippines claims China’s expansion of the reefs has encroached on its exclusive economic zone, especially in Mischief Reef, which is 135km from the west of the Philippines.
Vietnam has opposed China’s construction and expansion of structures as well, and has requested “China to desist from these wrongful actions”. Malaysia’s extended continental shelf, covering an area up to latitude 12°30’̓N or an area up to 350 nautical miles from the baselines and Cuarteron Reef in which China is conducting construction works, may also be affected.
The militarisation of the South China Sea is another potential flashpoint. Apart from China which is aggressively building islands and airstrips, Indonesia is also planning a new military base in the border areas near the South China Sea to safeguard national interests and protect the sovereignty of her territory.
The Philippines is reopening the former US military facility at Subic Bay, and moving fighter planes and frigates into the deep-water harbour on the western island of Luzon. Japan, a non-claimant, has approved a security bill that would allow her to participate in any military venture for the first time since World War II. Though the bill is not directly targeted at the South China Sea, it relates to Japan-China maritime issues, including the East China Sea. Japan has also pledged to support the US and other allies should there be a conflict in the South China Sea.
Malaysia is concerned over the recent action-reaction incidents in the maritime area as they raise the ante in a region already fraught with uncertainties and plagued by the assertive rhetoric of the various parties staking their respective claims.
Last month, the Foreign Ministers of Asean issued a joint communiqué that highlighted their “serious concerns” over “recent developments which have increased tensions in the South China Sea”. The area’s various issues will feature in discussions at the 6th Asean Maritime Forum and 4th Expanded Asean Maritime Forum in Manado, Indonesia, next week.
In the course of its existence, Asean has engaged several nations in the discourse towards greater understanding through confidence building measures. The initiatives for the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea and continued efforts towards the Code of Conduct (CoC) are important efforts in preserving peaceful coexistence.
The Asean-China Joint Working Group Meeting drew up the Second List of Commonalities of the CoC consultations and concept documents on the Terms of Reference of the Eminent Persons and Experts Group. Although achieving an early conclusion of the CoC may be difficult, the momentum is positive. Malaysia pledges to contribute to these efforts as an effective tool for preventive diplomacy.
Moving together in a spirit of cooperation while recognising the importance of amicable dispute resolution and peaceful dialogue will ensure that the South China Sea continues to play its role as an important commercial, shipping, environmental and cultural hub, serving the international community.
In this regard, the Maritime Institute of Malaysia (MIMA) will be organising the 4th MIMA South China Sea (SCS) Conference 2015 Conflict Prevention and the Rule of Law: Reassessing the SCS Conundrum in the 21st Century in Kuala Lumpur on Sept 8 and 9.
It will highlight current developments in the South China Sea and their implications on the position of territorial claimants, the role of external parties and explore ways to strengthen the existing cooperation towards peaceful resolution of disputes.
The writer is a senior researcher with the Maritime Institute of Malaysia