Solving Disputes for Regional Cooperation and Development in the South China Sea: A Chinese Perspective

By Shicun Wu

This book discusses the South China Sea dispute from a Chinese perspective with regards to history, law, international politics, the economy, diplomacy and military affairs. Not only does it detail China’s official position on the sovereignty and maritime disputes in the South China Sea, but also provides analyses of the related factors influencing the origin and development of these disputes. It further assesses the complexity, internationalisation and long-term struggle over the South China Sea and China’s efforts in dispute resolution.

Solving Disputes for Regional Cooperation and Development aims to help readers better understand a Chinese perspective on the complexity of the South China Sea disputes, including competition over the sovereignty of the islets, islands regime and its impact on maritime delimitation, overlapping maritime claims, and how the adjacent states can cooperate for resource development in the South China Sea.

This title is highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea, and covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs.

• Highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea
• Covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs
• One of the very few books written by a Chinese scholar in English in this area

• Language: English
• Publisher: Elsevier Science
• Release date: Sep 30, 2013
• ISBN: 9781780633558

Shicun Wu

Wu Shicun is President of the National Institute for the South China Sea Studies, a sole national-level think-tank in China specializing in South China Sea studies and a wellrespected expert in the field of the South China Sea Studies. His research focuses on history and geography on the South China Sea, ocean boundary delimitation, international relations and regional security issues. He has considerable expertise and numerous publications to his credit.

Book preview

Chandos Asian Studies Series

Solving Disputes for Regional Cooperation and Development in the South China Sea

A Chinese perspective

Wu Shicun

Table of Contents

Cover image

Title page

Copyright

List of figures and tables

List of abbreviations

Acknowledgements

Preface

About the author

Note on translations

Timeline of Chinese history

Chapter 1: Introduction

Abstract:

Purpose and significance

Territorial and maritime disputes in the South China Sea

Causes of the disputes

Structure of the book

Chapter 2: China’s sovereignty claims over the Nansha Islands: historical evidence

Abstract:

Discovery, naming and administration practices: from Spring and Autumn period to late Qing dynasty

Consolidation of Chinese sovereignty: from late Qing dynasty to post-Second World War

Conclusion

Chapter 3: China’s sovereignty claims over the Nansha Islands: a legal perspective

Abstract:

Discovery in international law

Successive administration (prescription)

Maritime legislation

International acknowledgement and recognition of China’s sovereignty

Protest against foreign invasions and fighting against foreign troops

Critical date

Discussion

The impact of UNCLOS

U-shaped line

Chapter 4: China’s dispute with Vietnam over the Nansha Islands

Abstract:

Vietnam’s sovereignty claim over the Nansha Islands and related maritime claims

Weaknesses in Vietnam’s claims

Confusion over the location administered by ‘Hoang Sa detachment/brigades’

Invalidity of succession from France

History of the China-Vietnam dispute over the Nansha Islands

Bilateral efforts on dispute settlement and future challenges

Conclusion

Chapter 5: China’s dispute with the Philippines over the Nansha Islands

Abstract:

Basis of the Philippines’ claims

Effective occupation and control

Assessment of the Philippines’ claims

History of the dispute between China and the Philippines

China-Philippine efforts for dispute settlement

Conclusion

Chapter 6: China’s disputes with Malaysia and Brunei over the Nansha Islands

Abstract:

Basis of Malaysia’s and Brunei’s claims

Assessment of Malaysia’s and Brunei’s claims

History of disputes with Malaysia and Brunei

China-Malaysia and China-Brunei efforts for dispute settlement

Conclusion

Chapter 7: Recent developments and regional cooperation in the South China Sea

Abstract:

Recent developments in the South China Sea

CLCS submission

National legislation and regulation

Incidents at sea

China-ASEAN: from DOC to COC

The involvement of non-claimant states

The Philippines versus China international arbitration

Regional cooperation: China’s commitment

Conclusion

References

Appendix: SCS island names

Index

Copyright

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First published in 2013

ISBN: 978-1-84334-685-2 (Chandos)

ISBN: 978-0-85709-207-6 (Woodhead)

ISBN: 978-1-78063-355-8 (online)

Chandos Asian Studies Series ISSN: 1759-5347 (print) and ISSN: 2052-2126 (online)

Library of Congress Control Number: 2013952177

© S. Wu, 2013

British Library Cataloguing-in-Publication Data.

A catalogue record for this book is available from the British Library.

All rights reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the Publishers. This publication may not be lent, resold, hired out or otherwise disposed of by way of trade in any form of binding or cover other than that in which it is published without the prior consent of the Publishers. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages.

The Publishers make no representation, express or implied, with regard to the accuracy of the information contained in this publication and cannot accept any legal responsibility or liability for any errors or omissions.

The material contained in this publication constitutes general guidelines only and does not represent to be advice on any particular matter. No reader or purchaser should act on the basis of material contained in this publication without first taking professional advice appropriate to their particular circumstances. Any screenshots in this publication are the copyright of the website owner(s), unless indicated otherwise.

The project received the financial support of the Chinese Fund for the Humanities and Social Sciences (中华社会科学基金).

Typeset in the UK by Concerto.

Printed in the UK and USA.

List of figures and tables

Figures

2.1. The compass used by Chinese fishermen 32

3.1. The U-shaped line 78

Tables

3.1. Facts of China’s successive administration over the features in the South China Sea (chronological order) 50

3.2. China’s protests against foreign invasions and fighting against foreign troops, focusing on period from Qing dynasty (chronological order) 66

List of abbreviations

ASEAN Association of Southeast Asian Nations

BP British Petroleum

CLCS Commission on the Limits of the Continental Shelf

COC code of conduct

CPV Communist Party of Vietnam

DOC Declaration on the Conduct of Parties in the South China Sea

DRV Democratic Republic of Vietnam

EEZ exclusive economic zone

ITLOS International Tribunal for the Law of the Sea

nm nautical mile

ONGC Oil and Natural Gas Corporation (India)

PRC People’s Republic of China

ROC Republic of China

ROV Republic of Vietnam

SCS South China Sea

SLOC sea-lane of communications

SRV Socialist Republic of Vietnam

UNCLOS United Nations Convention on the Law of the Sea

UNESCO United Nations Educational, Scientific and Cultural Organization

Acknowledgements

It is a big challenge for me to write this book. Although I have been working on South China Sea studies for more than two decades and published several monographs and numerous articles on South China Sea issues and the Spratly disputes, all these are in Chinese. This is the first time I have written a book on the South China Sea in English. My motivation is that the topical issue of the South China Sea is never discussed thoroughly in academia and is worth further exploring, driven by the latest developments in the South China Sea, which has again become a flashpoint, drawing considerable international attention and concern. It has been a long process to complete the manuscript, given my workload and duties as president of the National Institute for South China Sea Studies, as well as director general of the Foreign Affairs Office of Hainan province. I would not have been able to accomplish this project without full support from my colleagues as well as my family. Many of my colleagues at the institute contributed their efforts, one way or another, to the completion of the book by providing research materials or translations of difficult geographic names from Chinese into English. I name just a few here who deserve my sincere appreciation: Li Xiuling, Chen Pingping, Yan Yan, Li Jianwei, Hong Nong, Xu Fang and Zhang Xinyue. Chow Wan Ee from Peking University made great efforts in proofreading at the final stage of the book project. My special appreciation also goes to my old friend Professor Keyuan Zou, Harris Chair in International Law at the University of Central Lancashire, for his brilliant academic advice and helpful comments. Finally, I thank my family, who always stand on my side, for giving me persistent support and understanding. As a token of appreciation, I dedicate this book to them.

Preface

I have been involved in South China Sea studies for more than 20 years, since I initiated the establishment of a centre for South China Sea studies in Hainan province in the early 1990s. In 1992 the initial research team began to conduct basic research by making field trips, collecting materials and recruiting and training junior researchers. Based on the preliminary achievements, the Centre for South China Sea Studies was formally established in 1996, and was the predecessor of the current National Institute for South China Sea Studies. Since then, South China Sea studies in China have boomed, and will continue to do so in the future. The year 2012 thus marked the twentieth anniversary of South China Sea studies being carried out in Hainan, China.

Accompanying this anniversary of systematic studies on the South China Sea in China gives the completion of this book project and its publication extra value in terms of its significance as well as its academic interest. As the reader will see, the book aims at discussing South China Sea issues from a Chinese perspective in respect of history, law, international politics, economy, diplomacy and geostrategy. It intends not only to explain China’s official position on the sovereignty and maritime disputes in the South China Sea, but also to analyse the related factors influencing the origin and developments of these disputes. It further assesses the complexity and internationalisation of the long-term struggle over the South China Sea and China’s efforts towards resolution of the disputes. The purpose of the monograph is to help readers better understand a Chinese perspective on the complex South China Sea disputes, including competition over sovereignty of the islets, the islands regime and its impact on maritime delimitation, overlapping maritime claims and how the adjacent states can cooperate to develop the resources in the South China Sea.

It is hoped that the book can serve to balance different views and perspectives concerning the South China Sea issue and territorial disputes. Readers who are interested in these issues generally have access to the existing literature written by Western scholars who might not fully understand China’s perspective and which sometimes contains biased and distorted views, while most of the literature on China’s policy and perspective on the South China Sea is written in the Chinese language. This book aims to fill this gap in the existing English-language literature.

Looking at the current situation in the South China Sea, tensions have been escalating, especially between China and the Philippines and between China and Vietnam. To maintain peace and security in the region there is an urgent need for a mechanism for conflict management and dispute settlement. The book looks into this aspect and suggests means and ways of regional cooperation for the South China Sea. It is hoped that the book can serve as a useful reference for politicians and government officials to deal with South China Sea issues and disputes.

About the author

Wu Shicun has a PhD in history and is president and senior research fellow of China’s National Institute for South China Sea Studies, and deputy director of the Collaborative Innovation Center of South China Sea Studies, Nanjing University.

Dr Wu’s research interests cover the history and geography of the South China Sea, maritime delimitation, maritime economy, international relations and regional security strategy. His main single-authored books include A Study on the South China Sea Disputes (Hainan Publishing House, 2005) and The Origin and Development of the Nansha Disputes (Ocean Press, 1999). His main edited books include Maritime Security in the South China Sea (Ashgate, 2009), Selective Studies on World Famous Island Economic Bodies (World Knowledge, 2006) and Collection of Documents Relating to South China Sea Issues (Hainan Publishing House, 2001). Dr Wu has published widely in academic journals and been the subject of frequent media interviews as a senior commentator on South China Sea issues.

Note on translations

All translations into English are the work of the author, unless otherwise stated.

Timeline of Chinese history

Xia dynasty (21st century–16th century BC)

Shang dynasty (16th century–11th century BC)

Zhou dynasty (11th century–256 BC)

Western Zhou dynasty (11th century–770 BC)

Eastern Zhou dynasty (770–256 BC)

Spring and Autumn period (770–476 BC)

Warring States period (476–221 BC)

Qin dynasty (221–206 BC)

Han dynasty (206 BC–220 AD)¹

Western Han dynasty (206 BC–9 AD)

Wang Mang interregnum (9–23 AD)

Emperor Gengshi (Xuan Han) period (23–25 AD)

Eastern Han dynasty (25–220 AD)

Three Kingdoms period (220–280 AD)²

Wei (220–265 AD) • Shu (221–263 AD • Wu (229–280 AD)

Jin dynasty (265–420 AD)³

Western Jin dynasty (265–316 AD • Sixteen Kingdoms (304–439 AD)

Eastern Jin dynasty (317–420 AD)

Southern and Northern dynasties (420–589 AD)⁴

Liu Song (420–479 AD) • Northern Wei (386–534 AD)

Southern Qi (479–502 AD)

Liang (502–557 AD) • Western Wei (535–557 AD) • Eastern Wei (534–550 AD)

Chen (557–589 AD) • Northern Zhou (557–581 AD) • Northern Qi (550–577 AD)

Sui dynasty (581–618 AD)

Tang dynasty (618–907 AD)

Five Dynasties and Ten Kingdoms (907–960/976 AD)⁵

Song dynasty (960–1279 AD)

Northern Song dynasty (960–1127 AD)

Southern Song dynasty (1127–1279 AD)

Yuan dynasty (1271–1368 AD)

Ming dynasty (1368–1644 AD)

Qing dynasty (1644–1911 AD)

Republic of China (1912–1949 AD)

People’s Republic of China (1949–present)

---

¹Some historians consider 202 BC to be the beginning of the Han dynasty. This is the period of ‘Chu-Han contention’ (楚汉相争 Chu Han Xiang Zheng), when Liu Bang 刘邦), founder of the Han dynasty and emperor (206–202 BC) after the fall of the Qin dynasty, was fighting for supremacy with Xiang Yu (项羽), who proclaimed himself ‘Hegemon-King of Western Chu’(西楚霸王, Xichu Bawang).

²Items divided by a bullet point (•) indicate that China was divided at that time and the ruling houses coexisted geographically rather than succeeding each other chronologically.

³Much of the Jin dynasty witnessed ancient China as a divided country. During the later part of the Western Jin dynasty, Jin began to lose its territory in the north to rebellious nomadic groups, which were not only pushing their border south with mass migration but also fought among themselves for territory. These nomadic groups established a number of kingdoms, some coexisting with each other while others succeeded a previous ruler’s territory. Historians name the time when north China was occupied by these coexisting/succeeding kingdoms the ‘Sixteen Kingdoms’ period, because the histories of 16 particular kingdoms were better recorded due to their relatively longer existence and greater regional influence. The nomadic groups’ rebellion was also part of the reason why Jin moved its capital southeast, hence the succession of the Eastern Jin dynasty to the Western Jin.

⁴The Southern and Northern dynasties was another period when China was divided into different kingdoms (or empires, as each would prefer to call itself). The Liu Song, Qi, Liang and Chen were succeeding dynasties in south China. The Northern Wei started with a fairly small territory during the Sixteen Kingdoms period, and later on unified all the kingdoms in north China. However, it was divided later to be the Western Wei and Eastern Wei, which were succeeded by the Northern Zhou and Northern Qi respectively.

⁵Some historians consider 976 AD to be the end of the Five Dynasties and Ten Kingdoms period, when the ruler of the Northern Han kingdom surrendered to the Song dynasty

1

Introduction

Abstract:

This chapter is an introduction to the whole book. After setting out the reasons why the author chose to write such a book, the chapter gives an overview of the disputes over the South China Sea and their evolution. It then discusses the causes of the South China Sea issues, and concludes with a sketch of the structure of the book.

Key words

South China Sea disputes

Nansha Islands

Taiping Dao

The South China Sea (SCS) spans 3.5 million square kilometres, and is one of the largest semi-enclosed seas in the world. Rich in living and non-living resources and encompassing vital sea routes linking the Pacific and Indian Oceans (Wu, 2004: 69; Wu and Guo, 2004: 5), the SCS is rife with disputes among littoral states. As it is one of the three potential security flashpoints in the region, the SCS disputes must be handled with prudence.¹ International conferences and security dialogues have been held to discuss the potential threats these disputes pose to regional peace and stability, especially the impacts caused by China’s swift rise, which has led to a shift of power balance in the region. Academics have explored many possible approaches. However, this book attempts to look at the problem from a different angle.

Purpose and significance

Six parties have laid claims to the SCS, among which China is the strongest in terms of economic power and largest in geographical size. As such, China is considered by many as the key party to the SCS disputes, and ‘any solution has to be minimally acceptable to it’ (Valencia et al., 1999: 1).

It is important to understand China’s perspectives with regard to the SCS disputes, and to study how China has approached the disputes visà-vis its neighbouring countries to predict its future moves.

This book discusses the SCS disputes from a Chinese perspective by looking at various dimensions, including history, laws, international politics, economics, diplomacy and military affairs. The author hopes not only to demonstrate China’s official position on sovereignty and maritime disputes with regard to the SCS, but also to analyse the factors triggering the emergence and escalation of the SCS disputes.

The author believes that the Nansha Islands (Nansha Qundao in Chinese; commonly called the Spratly Islands in English) are the crux of the SCS disputes; hence this book will focus on discussing the disputes relating to these islands. Where maritime claims are considered relevant to the disputes over the Nansha Islands (Nansha disputes), overlapping claims to maritime zones are described and explored.

The book aims to expound the history of Nansha disputes between China and other countries to help readers better understand the Chinese perspective on the SCS complexities, including competition over sovereignty of the islets, the islands regime and its impact on maritime delimitation, overlapping maritime claims and how adjacent states may cooperate to exploit SCS resources. Although China and other claimants have tried to address the disputes, as countries have competed for energy resources, diplomatic rows and tensions have hampered a timely solution. Governments must now rely on their best wisdom to manage the disputes and create the climate for regional cooperation.

Territorial and maritime disputes in the South China Sea

Geographic area

When referring to the various land formations in the SCS, most literature inevitably mentions three particular groups of islands and one submerged bank: Xisha Qundao, Nansha Qundao, Dongsha Qundao and Zhongsha Qundao (in English, the Paracel Islands, the Spratly Islands, the Pratas Islands and the Macclesfield Bank respectively).² Another four island groups are situated in the SCS’s southwestern part: the Anambas, Badas, Natuna and Tambelan Islands. These islands have not attracted the same attention as the previous four groups because they are generally recognised as Indonesia’s sovereign territory (Li and Amer, 2012: 82).

The Nansha Islands are the largest group in the SCS and consist of more than 230 islands, shoals, reefs and banks³ covering an area of 800,000 sq. km.⁴ In 1983 the Chinese Toponymy Committee publicised the approved names of 189 land formations, comprising 14 islands, six shoals, 113 submerged reefs, 35 underwater sandy beaches and 21 hidden shoals. All the formations are developed from corals, and, based on elevation above sea level, may be classified into five categories: banks, shoals, reefs, cays and sandy islands (Wu, 2005: 4–5). The location of the Nansha Islands was depicted in a reference book published by China’s Xinhua News Agency in 1991 and quoted by Dzurek (1996: 3):

The Nansha Archipelago (in ancient times called Wanli Shitang) is located from 3°37’ to 11°55’ north latitude and 109°43´ to 117°47´ east longitude, stretching south to north approximately 550 nautical miles, and spreading east to west more than 650 nautical miles; its water-territory area exceeds 800,000 square kilometers.

Also important is the SCS water body in which the island group is situated, for the eventual resolution of sovereignty of the land features will affect maritime delimitation among the countries surrounding the SCS. Two issues are likely to increase the tension between the disputants: first, resources in the waters and the seabed; and second, the importance of the SCS to security and trade in Asia, and even around the world.

For the purpose of this book, any reference to the SCS includes the SCS proper and the adjacent water areas, which may be seen as natural extensions of the SCS. The SCS proper is bordered by China to the north, Vietnam to the west, peninsular Malaysia to the southwest, Brunei Darussalam and the two Malaysian states of Sabah and Sarawak to the south, and the Philippines to the east. The four areas of adjacent waters are the Gulf of Tonkin, located between Vietnam and China, the southern end of which connects to the SCS proper; the Gulf of Thailand, which lies between Thailand, Cambodia and Vietnam, where the SCS proper flanks its east; the Sulu Sea, which lies between the island of Palawan, Sabah, the Sulu archipelago and the Visayas; and the Straits of Malacca.

Disputes and their evolution

Disputes over the SCS involve many parties, as mentioned earlier, and the crux of the disputes is mainly sovereignty claims over the Nansha features by countries around the SCS.

Before the late 1960s there was no apparent tension over the Nansha Islands, although their ownership was claimed by different dynasties and governments of both China and Vietnam. However, such claims often occurred without the knowledge of the other claimant and seldom did any party resort to force (Chao, 1989/1990: 152). Between the 1930s and 1950s ownership was frequently asserted by other claimants, such as France, Japan and occasionally a private Filipino. Since the 1970s the Philippines and Malaysia have joined the race (ibid.: 152–3).

Disputes between the various countries were further complicated by the entitlement to a 200 nautical mile (nm) exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Brunei published a map of its continental shelf in 1988 to claim 200 nm of EEZ from its coast, from which it laid its claim over Louisa Reef (Nantong Jiao) and Rifleman Bank (Nanwei Tan) of the Nansha Islands as being located within its EEZ (Valencia et al., 1999: 38). Disputes over the political jurisdiction of the Nansha Islands escalated, as China, Vietnam, Malaysia, the Philippines and Taiwan established continuous human presence on different small islands and some major reefs. Their military outposts and other facilities demonstrated their seriousness over their sovereignty claims (ibid.: 5).

Competitive occupation of key features has increased, occurring sporadically since the 1950s as countries took turns to stake out their territorial claims to the Nansha Islands. So far, it is estimated that Vietnam has occupied 29 features in the islands, the Philippines eight and Malaysia five (Zhang et al., 2003: 5). Brunei claims