PASMUN VII 2016
GENERAL ASSEMBLY FIRST COMMITTEE
DISARMAMENT & INTERNATIONAL SECURITY
Militarization of the South China Sea
Chair - Jessie Wu
Pacific American School Model United Nations
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VII Annual Session
Research Report
Pacific American School Model United Nations 2016 | VII Annual Session
Forum:
General Assembly First Committee: Disarmament and International
Security
Issue:
Militarization of the South China Sea
Student Officer: Jessie Wu
Position:
Chair
Introduction
Currently, six countries claim overlapping regions in the South China Sea. The countries in the
dispute over the region are China, Japan, Vietnam, Philippines, Malaysia, and Brunei Darussalam. Due
to the quarreling over the area and its islands located in the South China Sea, the military buildup has
increased over the past few years in order to increase authority over other competing claims. Several
vessels are cast out to seas, such as fishing, patrol boats, and naval ships. The increasing tensions have
led countries to increase naval patrols and trade ships near the region while some have resorted to
building up the artificial islands as military naval and aerial bases. Confrontations amongst neighbouring countries increase the likelihood of armed conflicts. China,
with the highest stockpile of weaponry and ammunition, is currently claiming the largest portion of South
China Sea. Countries are not just increasing naval patrols and economic trades in the region, but also
building islands with the means of using it as an oil platform. Moreover, the ongoing dispute over the
rightful claim of the non-artificial islands has created more conflicts within the region.
Overall, the hostility amongst countries over the claims of the South China Sea has created
concerns that the area may easily trigger conflicts along with other global consequences, due to the
major economic trade routes at the region. Clashes have previously happened and were most prominent
between China, the Philippines, and Vietnam. Countries have furthered provoked each other by sending
drilling ships to extract the oil within the region. Recently, the United States, one of the few states not from the region, has chosen to respond by
sailing a guided-missile destroyer near the artificial islands. Protests within the countries have also
reacted upon the increased militarisation of the region and their concern over their own safety. The issue
has escalated to risks of the safety with countries within region causing countries build up their stockpile
in retaliation. Some have speculated that the increased militarisation may even lead to an arms race in
Asia, which is why immediate attention and responses should be called for to the issue. Research Report | Page 1 of 13
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Definition of Key Terms
South China Sea
The South China Sea is a marginal sea that is part of the Pacific Ocean, which borders from the
Singapore and Malacca strait to the strait of Taiwan. The area’s high abundance of fisheries,
hydrocarbons, and natural gas, along with the area occupying approximately one-third of the world’s
shipping routes, has attracted several countries to view the sea as a major geopolitical advantage with
great importance. Artificial Islands
Over the past two years, militarisation increased as countries, especially China, have constructed
islands within the South China Sea. Such islands are often built by depositing large sums of sand over
existing coral reefs or expanding upon small uninhabited islets. With the existence of the artificial islands,
countries have been landing military aircraft and building naval ports upon the islands. Testings of the
landings have further provoked neighbouring countries on the claim of the region. The huge
encompassment of the islands was called “the great wall of sand.”
Nine Dash Line
Currently, the Nine Dash Line is a map that shows the largest portion of the South China Sea that
has been claimed, the claim was made by China, which stretches hundreds of miles south and east from
its province of Hainan. The map of the Nine Dash Line has been expanding recently after more artificial
islands were built and included in the map. Caption #1: A map showing the South China Sea and the Nine Dash Line
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Militarisation
Militarisation is the process in which one nation decides to become equipped or increase
themselves with military forces or defenses. United Nation Convention on the Law of the Sea (UNCLOS)
The UNCLOS is an international agreement that was meant to establish a series of legal
measures and laws on the economic rights of nations based on their territorial waters and continental
baselines. The convention is included in the Exclusive Economic Zone (EEZ), which a state holds the
rights to exploit and excavate of the region. Caption #2: A map showing UNCLOS country signatories: dark green regions are ratified countries; light
green regions are signed but not yet ratified countries
Background Information
Territorial Disputes The main reason of the accumulated tensions amongst the neighbouring countries near the
South China Sea is the territorial disputes and legal claims over the sovereignty of the sea and islands.
The dispute can be traced back to the 1894 Sino-Japanese War. Historically, the area was not claimed
prior to World War II, because, negotiations were between France and China. Vietnam, previously
colonised by France, declared it as ineffective since France is no longer their representatives. Right after
the end of the Second World War, China extended its boundaries in 1946 and started claiming the
Paracel Islands. The act spurred unrest among the countries as it was seen as a possible threat to their
sovereignty. Later on, with the events of World War II and the Cold War, nearby countries started
recognising the importance of geopolitics. Furthermore, with globalising over recent years, more
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countries wish to have economic advantages over others, leading to the quarreling claims over the
region.
United Nation Convention on the Law of the Sea (UNCLOS)
The UNCLOS has been signed and ratified by nearly all of the states neighbouring the
South China Sea. However, territorial disputes have continued, especially over the Spratly,
Paracel Islands, and the Scarborough Shoal. However, with the overlapping areas of the claims,
along with the mixture of residents that are from the claiming countries, the degree of judging
such areas continues to be difficult. In 2009, the United Nations received a diplomatic note from China regarding its assertion
of sovereignty over the islands, with the division of territory illustrated upon the “nine-dash” line.
China claims that the map was drawn according to historical maps, evidence, and relics that were
found on the disputed islands. Therefore, proving the historical claims of China even before the
colonial period of Vietnam. Despite the proposed evidence to the UN Secretary General, the map
was not given the legality and sovereignty due to the disagreements among the territorial
claimants and the violation of the UNCLOS. The constant controversy of the South China Sea
islands did not stop China from continuing its claim for more territory, as in 2014 the country has
drafted a new map with more territories expanding to Taiwan. Attempts of Negotiations Although the tensions amongst the neighbouring countries continued, negotiations and
have been held to deal with the issues in order to build peace and stability. The countries —
mainly China, Japan, Vietnam, Philippines, Malaysia, and Brunei — were able to create a
common code of conduct to establish confidence within the region. In 2002, the Association of
Southeast Asian Nations (ASEAN) and China issued the “Declaration on the Conduct of Parties
in the South China Sea.” The declaration guaranteed countries that signed it to commit and follow
the international law, along with the freedom to navigate within the region in order to avoid any
economic interference. The Declaration on the Conduct of Parties in the South China Sea called
for the establishment of a code of conduct within the region that is negotiated amongst parties.
The entire regulations and the rules over the conduct of countries on the sea have not been
completely negotiated yet. Experts and researchers stated that by strengthening the
infrastructure of communications overseas, especially concerning military operations, the act can
create clearer dialogues amongst parties. The concern was a response to the separately divided
blocs within the ASEAN meeting in 2015. Disagreements were voiced over the methods in
comprising. China was in favour of holding bilateral negotiations without any third party
mediators. However, other countries were in favour of having the settlement being monitored by
international third parties. Other comments upon the meeting were the US’s warning towards
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China’s threat to isolate economically and diplomatically if disagreement were to occur over the
issue. Increasing Military and Economic Presence Due to the fact that the disputes have not been settled, countries decided to increase their
military by surrounding the region as a strategy to intimidate other countries. By doing so, countries are
less willing to trust each other and reach out for negotiations. The area is vital for the economy as
experts estimated the region to hold 11 billion barrels of oil and 190 trillion cubic feet of natural gas. Not
only does the South China Sea have the potential to cultivate into one of the biggest resource platforms,
but the region has around $5.3 trillion of total trade passing by. Moreover, out of the $5.3 trillion of the
total trade, 23% of are with the US. The high percentage of the US’s trade near the region resulted in its
concern over the instability if armed disputes were to break out. Not only would the accumulation of
military weapons within the region result in high death tolls, but it may possibly result into a huge impact
upon the global economy. With trade developing more across states and the decrease in oil wells,
countries have increased their concerns over the instability near the region.
Drilling Platforms and Military Expenses
Despite the negotiated terms on the legal claims over the island. China has declared that
it would start the building of military facilitates to host the military assets. Such stockpiles may be
from combat aircraft to naval vessels and possibly even missile systems. Vietnam has previously
found oil but used the Oil Exploration and Development Act of 1972 passed 4-year prior on the
legal basis of excavating the land, whereas China did not. This is not the first time China has
provoked hostile activities. In May 2014, China has begun drilling oil near the Paracel Islands,
which is 120 nautical miles off the coast of Vietnam. The China National Offshore Oil Corporation
(CNOOC) has called for an exclusion zone along with 40 Chinese navy vessels surrounding the
platform as a mean for safety and the deterrence of “any vessels unrelated to its operations.” The incident has caused an uproar in Vietnam, both from its citizens and its government.
Vietnamese citizens were rioting on the street, especially in the central and southern regions of
the country. Previous unconfirmed claims of Chinese navy deliberately harming two Vietnamese
exploration operation in 2012 has led to huge anti-China protests along the streets. The act has
led to the evacuation of thousands of Chinese citizens for their safety and the deaths and arrests
of a number of people. The party protested the drilling operation due to the possible threat of
China’s naval arms close to the Vietnamese borders. Coasts guards and patrols were address to
intercept the operation and the escorting naval vessels. Both sides resulted in a stalemate, with
multiple confrontations between the Vietnamese and Chinese vessels. One of the more severe
damages during the dispute was the sinking of a Vietnamese fishing boat. Research Report | Page 5 of 13
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The establishment of the military facilities and the deployment of corporations to build oil
rigs have further increased tensions between China, the Philippines, and especially Vietnam.
Clashes between China and Vietnam have occurred before in 1974 and 1988, in which both
sides have suffered several casualties and losses, including the killings of more than 70
Vietnamese troops. Violations of any maritime treaties have resulted in Manila calling China to
the UN Tribunal on the Law of the Sea (or the UN’s Permanent Court of Arbitration) in January
2013, but China has declined to recognise the accusation of the arbitration. Despite the denial,
satellite images have shown the construction of military airstrips in the Spratly Islands, along with
witnesses to two military airships landing upon the artificial islands. Present Day Shift
Over the years, claimants have not just only been militarising their stockpiles, but military
corporations have been using it as a means of trade. After Japan’s lift on military exports in 2014,
Japanese companies have been proposing military offers over the claimant countries. Currently,
corporations have been transferring defense equipment and technology to countries, such as the
Philippines, Indonesia and Vietnam, which have taken up a huge interest in it. The situation has turned
as those who do not wish to directly confront the situation with military arms has now taken upon
themselves in supplying those who do wish to confront militarily for economic purposes. The shift from
direct confrontation has now included more factors and participants in the issue as the issue expands its
possible impacts. Key Issues
Lack of Legal Claim
As stated earlier in the report, one of the major cause of the issue is the lack of sovereignty over
the area. The South China Sea was considered as a free sea for all to sail through. However, the area
was recognised as an advantageous geopolitical area, which resulted in the multiple claimants. Previous
talks with members of ASEAN has resulted in the polarizing of views on the issue, along with increased
hostility. Despite the mutual agreement over having a code of conduct amongst parties on the ASEAN
countries’agenda, no further plans or the negotiated terms have been declared. The delay has resulted
in territorial aggression amongst the claimant countries while “waiting” for any future discussions
concerning the Declaration on the Conduct of Parties in the South China Sea. The Declaration on the Conduct of Parties in the South China Sea has only ratified and
guarantee the commitment of international law. This would include the freedom to navigate. This allows
countries to militarise around the region and sail the sea without any violation of sovereignty, due to the
lack of legal claims. The freedom to navigate has allowed countries to use as a loophole for further
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methods in militarising near the region. With the absence of the legal claims of the islands, countries still
hold the jurisdiction to pass throughout the region without violating international law. Subsequently, the
number of vessels, along with the military stockpile, increased, as countries placed them near the region
as a gesture of legal claim over the islands. Historical Evidence Most of the disputing countries have based off of their support for their claims by
presenting historical evidence, such as relics, to show the island’s previous inhabitants. The ninedash line was considered to be using evidence from centuries ago and considered an integral
part of the nation. However, countries have considered the historical evidence as false since
China has never claimed sovereignty over the islands prior to the 1940s. Whereas, Vietnam
claims that it has documental evidence proving that it has been the longest authoritative figure
over the Paracel and Spratly islands since the 17th Century. In contrast, the Philippines have
previously made claims that due to the state being the closest to the islands, it holds the islands
sovereignty the most. Asides from historical and geographical aspects, Malaysia and Brunei
justified their claims by stating their EEZ falls within the region and acted accordingly to the
UNCLOS. Military Treaties
The increase in militarization over the past few years has led to the concern of more violent
responses from future confrontations. If armed conflicts were to result from a nation, several states
would have to pertain to defence treaties established in the Cold War. The U.S. has established treaties
with several of the claimants where the U.S. is obligated to defend the nation from the military attack of
China. The treaties were originally written during the Cold War to combat the threat of communism from
China, and would give the military defence in return if such a military offence occurs. However, during
the Cold War, the U.S. has signed several defence treaties across and some even overlapping amongst
the claimants. One of the most conflicting ones is between Japan and the Philippines, in which, under
the treaty, the U.S. is required to protect Japan if an armed attack occurred. Whereas the U.S. has also
had a treaty with the Philippines calling for the mutual support if an “armed attack in the Pacific Area on
either of the parties.”Such military treaties create a potential of involvements of third parties due to treaty
obligations. The rising tensions create a higher risk in armed conflict breaking out and creating a more
complex situation as increased parties are involved furthermore. Ignored Warnings
In the past few years, militarising countries have disregarded warnings or the potential of an
escalated conflict. U.S. president, Barack Obama, and Secretary of Defence, Ashton Carter, had
previously warned China of its increase in militarising the islands despite country’s warnings. Despite
China’s statement of denying such claims, no elaborate explanations or made. Recently on January
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2016, Vietnam have stated that China has disregarded the country’s sovereignty when it landed a plane
on one of the illegally reclaimed artificial island. If nations were to ignore the warnings of other nations
yet received no punishments, other states may follow suit and continue the process of militarisation due
to the lack of regulations. Despite the attempts of previous suits against other states, such as the Manila
filing a suit to the UN tribunal of the violation of the UNCLOS when it started building the artificial islands,
it is still up the sued state whether or not it is willing to be trialled. The overlook of threats has provoked
further tensions amongst countries, as shown in the anti-China protests in Vietnam along with 90.1% of
the Japanese population with “unfavourable impressions”over the last nine years. The ignored warnings
also triggered corporations within states to trade more as countries strive to militarise without any
agreement of such conducts; the act was demonstrated prominently when Japan donated Coast Guard
patrol boats at an estimated amount of $110 million. Major Parties Involved and Their Views
China
Currently, China has been militarising the most out of all the claimants. The country has the
highest amount of armed military personnel. It has often been accused of militarising rounding the region
despite the regulations of the UNCLOS and EEZ. On the 10th Asia Summit in 2015, China’s deputy
foreign minister, Liu Zhenmin clarified the purpose of the country’s construction program of artificial
islands as an intention for public service. He stated that China has created the islands as means for
assistance during a humanitarian or natural disaster, and urges all nations that the country would never
militarise the South China Sea. China has recently landed planes on the artificials island to “test” the
runways and was deemed as a possible retaliation over Japan’s declaration in strengthening ties with
the Philippines. Association of Southeast Asian Nations (ASEAN)
The ASEAN countries have previously tried negotiating terms out for both sides to achieve
peace. Despite Japan and the U.S.’s express of disapproval of China heightening the tensions over the
past few years, when China inserted military and political power in 2012. Several ASEAN member states
have criticised China’s attempt at creating Sansha city, an administrative body that established a
headquarter on the Paracels islands claiming to oversee China’s territory in the South China Sea.
However, no agreement has been made concerning of the increased militarisation due to the polarising
sides unwilling to admit to their actions. Vietnam
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Vietnam is second ranked, followed after China, in the most armed conflicts concerning the issue.
The country has had several casualties in 1974 and 1988, in which 70 Vietnamese troops were killed in
the former and 60 sailors were killed in the latter. In 2012, the incident of the sabotage of two
Vietnamese exploration operation boat was suspected and accused by the Vietnamese government, yet
unconfirmed, to be conducted by the Chinese navy. Nevertheless, the suspicion has caused huge antiChina protests across the country as hundreds of protestors gathered in front of the Chinese embassy in
Vietnam. The protestors have stated that they wish their protests can result in international pressure for
both leaders to negotiate. In retaliation to Vietnam’s accusation, China has blamed Vietnam of intrusion
over its cooperation with multinational corporations, such as ExxonMobil and Chevron, in developing
hydrocarbon assets. The Philippines The Philippines has been an active speaker on nations militarising, especially China. It has
previously had a long standoff with China in 2012 when both accused each other of violating
infringements and intruding in the Scarborough Shoal. The Philippines and Vietnam were both angered
over the establishment of the administrative branch from China on the Paracels Islands. The frequent
violations and presence in the area have caused the Philippines to call for a halt to any construction in
the South China Sea. The satellite image of the built runway has also led to fear that it may lead to more
militarisation. Currently, the Philippines has taken legal action and has called for China to come to court
to stop China’s militarisation. The state has officially renamed the region from “South China Sea”to the
“West Philippine Sea.”
United States of America
The U.S. holds a huge concern over the militarisation of the region, since if a military conflict
were to occur, it would hold a huge risk to loss of economic goods on the trade route. The country’s
obligations towards several of its defence treaty may also be seen as the U.S. provoking more tensions.
In 2014, it has signed a defence pact with the Philippines called the Enhanced Defence Cooperation
Agreement. The agreement included increasing rotational troop presence in the country, engaging in
more joint training, and having greater access to bases across the archipelago, including ports and
airfields. The United States has deemed the Philippines as the oldest allies in Asia and has showed even
more support when former Secretary of State, Hilary Clinton, referred to the region as the West
Philippine Sea in 2011 during a joint press conference. Despite the claims from the U.S. that the
agreement was not meant to intimidate China, it was accused by the Chinese government as the first
country to engage in militarisation and not China. Timeline of Relevant Resolutions, Treaties and Events
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Date
Description of event
China Marks South China Sea Claims
1947
China creates is legal sovereignty over the islands by creating the nine-dash
line, and uses the map as a historical basis territorial claims.
Oil in South China Sea
UN reports have found possible energy deposits published by the UN Economic
1969
Commission for Asia and the Far East. The report sparked interest in the region,
with China claiming the territory a year after the discovering in 1970 and the
Philippines discovery of oil in 1976.
Establishment of the UNCLOS
December 10, 1982
The UN recognises the UNCLOS as a customary international law, but its vague
wordings on the South China Sea has led to countries finding loopholes around
it.
Confrontation between China and Vietnam
March 14, 1988
China sinks three Vietnamese Ships sparking countries to militarise in the case
of any physical conflicts.
ASEAN Code of Conduct
November, 2002
After 6 years in negotiating, ASEAN countries agreed to the Declaration on the
Conduct of Parties in the South China Sea. This signals the first time of China
agreeing to possible agreements on disciplinary over the region.
U.S. Strategy in Rebalancing Power
November, 2011
The U.S. has stated its attention to seeking more economic integration and
reduction in militarisation with nations in the Australian parliament, speculated to
be reducing China’s monopoly and increased militarisation.
Enhanced Defence Cooperation Agreement
April 28, 2014
Cooperations between the U.S. and the Philippines were increased over the new
treaty, offering increased military support.
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Artificial Islands
2012-2015
China has begun creating artificial islands to position closer the islands and had
even landed onto the airstrips for testing purposes.
Relevant UN Treaties and Events
•
The United Nations Convention on the Law of the Sea (UNCLOS), 10 December 1982
•
Declaration on the Conduct of Parties, November 2002
•
Enhanced Defence Cooperation Agreement, 28 April 2014 Evaluation of Previous Attempts to Resolve the Issue
Although there have been several attempts, such as the establishments of UNCLOS and the
ASEAN Code of Conduct, in achieving a consensus, whenever an agreement was made, a nation often
violates it by using loopholes. For example, the code of conduct has not been finalised and ratified,
nations have been using the delayed time to militarise and strengthen their presence throughout the
region. Once a nation violates the agreement, other nations follow suit due to the lack of legal basis and
loopholes in the vague regulations. In the case of the South China Sea, when a state militarises, other states follow suit in militarising
also because that they are militarising as an act of defence against the growing state. The polarising
states have also caused the failure of the last ASEAN summit over the discussion on the South China
Sea. Such talks have failed due to China’s method of negotiating unilaterally and without a third party
while the rest of the claimants agreed to settle multilaterally with the supervision and meditation of a third
party, preferably the UN. The UNCLOS has provided the legality basis for a country to be trialed over a violation of
sovereignty. However, it depends on whether the nation agrees to be trialed in court and is often
criticised for the vague phrasings within the convention. Furthermore, due to some of the claimants, most
notably China, holding economic influences over each other, nations are less willing to file a legal case. Possible Solutions
Currently, the main root of the problem is over the disputes on the legal sovereignty of the islands
and resource deposits in the South China Sea that has led to the militarisation. Currently, resource
sharing has been considered to slowly develop nations to cooperate together and build trust amongst
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when splitting the resources. The method can also involve sharing economic benefits and including
bilateral patrolling mechanisms, which can deter potential sources of conflict like illegal fishing and
skirmishes coming from oil and gas exploration. The method of resource sharing marks an economic
negotiation on the disputes of oil. Military to military communication is suggested to increase dialogue between forces,
especially naval bases, in order to prevent the risk of conflicts. Military hotlines are recommended to
facilitate maritime emergencies. The hotline systems would connect leaders in the event of a crisis that
could arise from such mishaps as naval manoeuvers which may cause miscommunication and
misinterpretations by captains. Lastly, joint naval exercises can support greater military transparency and
help develop shared rules in supporting and adding in the code of conduct. Creating a notion on multilateral agreements would be encouraged as it provides more validity
and holds international pressure towards states that do violate it in the future. The agreements should be
encouraging nations to take legal actions on the court of international arbitration in order for fewer
countries to be monopolising across the region, thus creating a more structural framework in preventing
militarisation and motivation nations in demilitarising. Possible insurance over any risks in violating the
agreed framework can be allowing states for a stronger and enforced appeal to the International Court
of Justice (ICJ).
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