Why South China Sea Is Core Of USA’s Indo-Pacific Strategy – Free PDF Download

The Observation

• Last week marked the 5^th anniversary of an Arbitral Tribunal Award of 2016 UNCLOS.
• The verdict rejected China’s extensive claims in the South China Sea.
• The Tribunal was constituted under the United Nations Convention of the Law of the Seas (UNCLOS).

Background

• China’s 1992 law on the territorial seas and contiguous zones had declared that the Four Sha’s were Chinese territory.
  • Dongsha (Pratas)
  • Xisha (Paracel)
  • Zhongsha (Macclesfield Bank and Scarborough Shoal)
  • Nangsha (Spratly Islands)

Background

Background

The Award

• The Tribunal, constituted under the United Nations Convention of the Law of the Seas (UNCLOS) held that the maritime features in the Spratly Islands group were not “islands” and could not generate Exclusive Economic Zones (EEZ) or continental shelves they were, at best, high tide features that could generate a territorial sea of 12 nautical miles.
• The ruling said that China had no claim to an area that was determined by the Tribunal to be a part of the Philippines EEZ and continental shelf.
• The award rejected Chinese claims to the South China Sea on the basis of historic rights as expressed by its Nine-Dash Line.

The Reactions

• The Chinese have resolutely refused to accept UNCLOS order on the issue and have insisted that they would not like to negotiate with the ASEAN but prefer to undertake bilateral negotiations with the countries involved.
• Philippines had played down its victory, and sought to deal directly with China on the issue.
  • September 2020: Philippine president Rodrigo Duterte said that, “the Award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish, or abandon.”
  • May 2021: Duterte said PCA Ruling Against China is Trash to Be Thrown Away

The Reactions

• ASEAN has not taken any position on the issue and its members who have disputes with China, too, are cautious in calling out Beijing on the issue.
  • ASEAN nations use notes verbale to the UN, which specifically mention the UN and the Tribunal award.

The Reactions

The Reactions

The Core area of Indo Pacific

• Manoj Joshi:
  • The beating heart of the Indo-Pacific strategy is the South China Sea
  • The reaffirmation by the US of upholding its defence commitments with the Philippines is the most significant pointer to the future.
  • The most sensitive part of the South China Sea dispute lies in the waters between the Philippines and China.

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