Tribunal slams China on South China Sea, but Beijing couldn't care less

As the world watched with baited breath for the ruling by the Hague-based Permanent Court of Arbitration (PCA) on the territorial claims of the Philippines — filed in 2013 against China over disputed areas in the South China Sea with Manila seeking a ruling on its right to exploit waters in its 200-nautical miles EEZ, as allowed under the UN Convention on the Law of the Sea (UNCLOS) — the PCA has virtually rebuked China for its illegal activities in the South China Sea. Citing the construction of artificial islands to interference with fishing, the PCA ruled that Beijing’s expansive claim to sovereignty over the waters had no legal basis. The tribunal also said that Beijing had violated international law by causing severe harm to the coral reef environment and by failing to prevent Chinese fishermen from harvesting endangered sea turtles and other species on a substantial scale. Tensions in the Asia-Pacific rose after China arbitrarily extended its EEZ and drew its nine-dash claim across the South China Sea based on a sketch drawn by the Kuomintang regime — China refused to recognise this regime and actually overthrew it in 1948. China stepped beyond its traditional continental land-oriented security paradigms in 1993, having become a net importer of oil for the first time. Now, China claims the entire East China Sea is also a major part of the SCS with scant regard to the EEZ and claims of countries like Malaysia, the Philippines, Taiwan, Vietnam and Brunei. [caption id=“attachment_2734792” align=“alignleft” width=“380”] Representational image. AP.[/caption] Beijing’s aggressive activities completely disregarding international norms and laws like UNCLOS include attempts to jostle with US aircraft, and Japanese and Vietnamese naval vessels, thereby preventing oil exploration by Hanoi in Vietnam’s own territorial waters, violating Japanese waters particularly of around the Tokyo-controlled Senkaku Islands, to name a few. Illegal acts by China to effectively control the South China Sea are also linked to its nuclear strategy since submarines on a mission can quickly submerge in the deep waters of the South China Sea, secure against attacks, and advance ballistic missile submarines (SSBNs) from the South China Sea to the Pacific Ocean in the future. China’s recent moves in the South China Sea included beefing up air defences on Woody Island in the Paracels by positioning additional fighter aircraft and radars, and major construction activities at Scarborough Shoal, raising the suspicion that China was preparing to dynamite Scarborough Shoal to build an artificial island to house military facilities or declare an Air Defence Identification Zone (ADIZ) similar to the ADIZ announced in the East China Sea in November 2013. This seemed a likely measure to take preemptive action in South China Sea in ahead of the verdict by the PCA. By converting Scarborough Shoal into an artificial island with an airfield and harbour, it would not only prevent the Philippines from operating in the waters of Spratly Islands, but also better monitor US Navy’s moves in Subic Bay. The PCA ruling on the claims by the Philippines was crucial since it was to mark a turning point in China’s future actions in Asia-Pacific, because so far China had only been deflecting international arbitration by merely stating that all issues in the South China Sea were bilateral. The arbitration was also crucial to China since the adverse ruling (as has happened) will lead to its other neighbours seeking international arbitration against illegal Chinese claims. The ruling may have been specific to China and the Philippines but Brunei, Indonesia, Malaysia, Taiwan and Vietnam, all of which have claims in the South China Sea would have noted what the tribunal said about the nine-dash line within which China asserts sovereignty. The nine-dash line also violates Indonesia’s EEZ under the UNCLOS. China had already prepared its response to an adverse ruling by the PCA, as is evident by the China’s Ministry of Foreign Affairs press release (simultaneous to the PCA ruling) which says,

“With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the “Arbitral Tribunal”), the Ministry of Foreign Affairs of the People’s Republic of China solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognises it”.

So, China has literally cocked a snook at the international community, indicating international norms and laws are irrelevant to rising China. China identified the first quarter of the 21st Century as a period of ‘strategic opportunity’ and the next for ‘strategic expansion’ for becoming a ‘Great Power’. China under Deng Xiaoping, decided to proliferate nuclear technology to communists and radical Muslims in the Third World based on the strategy that if the West began to get nuked by Muslim terrorists or another communist countries without Chinese fingerprints, it would be good for China. This is how rogue countries like Pakistan and North Korea were transformed into China’s nuclear talons. President Xi Jinping has optimised the prominence of the PLA to its maximum, taking total charge of it himself as Commander-in-Chief. The effect is visible with China’s all-round aggression proceeding along predictable lines: Pooh-poohing the PCA ruling, terming freedom of navigation patrols (FONOPS) by US forces as militarisation to continue reclaiming more reefs and building military facilities on them, including Zhubi Reef, Mischief Reef and Fiery Cross, adding air-strips, hangars, weapon storage facilities and fuel storage tanks. Whatever is happening in the South China Sea indicates future Chinese actions in the Indian Ocean Region (IOR) with 18 Chinese “Strategic Support Bases” planned by China and Gwadar being prepared as a Chinese nuclear submarine base. The recent underwater ballistic missile test by North Korea as well as Pyongyang keeping its nuclear test site in readiness (as observed by the US) are in reality China’s signal to the US and its allies. China has been feverishly piling sand onto reefs in the South China Sea, creating seven new islets in the region and straining already taut geopolitical tensions. If China goes ahead with converting Scarborough Shoal into an artificial island with an airfield and harbour, it will be a major provocation. Little wonder then that the Philippines signed the ‘Enhanced Defence Cooperation Agreement’ with the US this year, opened four air bases to US forces and commenced joint sea patrolling in the South China Sea. Indonesian naval warships too are patrolling the South China Sea now. The US has stated it will continue to support its allies. For sure, the South China Sea can expect more turbulence with China perhaps prepared to even cross the red line. The author is a retired Lieutenant-General