Beijing Stands by Selective History and Rejects South China Sea Ruling

Tensions in the South China Sea continue their inexorable rise after the Permanent Court of Arbitration in The Hague ruled Tuesday that China had violated the sovereign rights of the Philippines by building artificial islands around Scarborough Shoal. The Chinese have responded with typical defiance, reiterating their ‘legitimate’ claims to this entire swath of the Pacific Ocean, whilst also stating their right to create an air defence zone over the region should they so wish.

AFP
AFP

Of course, the South China Sea dispute does not merely revolve around China and the Philippines. Indeed, it is one of the critical security dilemmas confronting the Asia-Pacific today. Taiwan, Vietnam, the Malaysia, Brunei and Indonesia also claim various atolls and islets in the Sea, the most notable being the Paracel and Spratly Islands. The West, and in particular the USA, also has more than a passing interest in the issue and has tentatively tested China’s resolve in recent months with freedom of navigation exercises in the immediate vicinity of Beijing’s man-made islands.

With increasingly frequent confrontations, naval stand-offs and nationalist pandering over sovereignty, it is perfectly conceivable that the dispute, if mismanaged, could one day lead to multilateral conflict in the region.

Because the UN Convention on the Law of the Sea (UNCLOS) allows for overlapping territorial claims in the South China Sea, complainant states have sought other avenues by which to justify their claims. China’s assertion of sovereignty over the entire sea rests heavily on historical legitimacy. Namely, the government asserts that Chinese sailors, including the famed Zheng He and his historic ‘star fleets’, first discovered the plethora of small islands and cays during the fourteenth and fifteenth centuries. The Vietnamese similarly rely on the Emperor Gia Long’s 1816 claim of sovereignty over the Paracel Islands as proof that the territory was theirs first.

The voyages of Ming Dynasty navigator Zheng He are revered in China
The voyages of Ming Dynasty navigator Zheng He are revered in China

These overlapping historical and legal claims are worrying enough. However, the situation could be even worse. Until well into the twentieth century other great powers had trained their eyes on the strategically-important, and potentially resource-rich, islands and waterways of the South China Sea.

In the early 20th century the French, then colonial overlords in Indo-China, laid claim to “all islands, islets and reefs” situated between the 7th and 12th degrees of north latitude in the Sea. Their initial design was on the rich guano and potash extracts to be found on several of the islands. By 1933, French troops occupied Spratly Island, Amboyna Cay, Itu Aba and various other rocky outposts as they looked to flex their imperialist muscle.

Despite rumours to the contrary, the French did not relinquish their claims of sovereignty over the South China Sea islands to Vietnam in 1956. Despite the eviction of the last French nationals on the islands by the invading Japanese in 1939, Rene Coty’s government still held out hopes of regaining the territories as an overseas possession, such as Reunion and Guadeloupe are today.

Japan may well have persisted with its own claim over the South China Sea, having annexed many of its islands during WWII. However, the Allied-imposed San Francisco Peace Treaty of 1951 renounced Japan’s claims over the territory. This is not to say that, under renewed conservative LDP leadership, Japan will not revive this claim in the near future. With frustration mounting over China’s opposition to their sovereignty over the Senkaku Islands in the East China Sea, the Japanese may strike a retaliatory posture in the South, particularly with the Abe government now in a position to amend the constitution.

Earlier this year, Japan sent a Hyuga-class destroyer to take part in naval exercises with the Philippines in the South China Sea
Earlier this year, Japan sent a Hyuga-class destroyer to take part in naval exercises with the Philippines in the South China Sea

A former claimant state less likely to renew its interest in the region is Great Britain. A Law Office report in 1932 stated that “His Majesty’s claim to sovereignty over Spratly Island and Amboyna Cay in April 1930 was of so doubtful a nature that it could only be laid before the Permanent Court of International Justice with a faint prospect of success”. Despite Beijing’s rhetoric in recent months, this sentiment must have been similar to that experienced by Xi Jinping and his ruling cabal when the Philippines lodged its complaint with The Hague.

Despite the Law Office warning, the British government proceeded with its claim over the two islands despite having little justification to do so. With hopes of building a plane refuelling station, the British vehemently opposed the Japanese annexation of WWII. Their reasoning? “Most of the territory covered by the claim consists of rocks the majority of which are to our knowledge incapable of effective occupation and therefore, according to our view of international law, not annexable”. What this statement said about the logic of the British claim is difficult to fathom but it is an argument that has frequently been repeated in recent years. Are the splattering of outcrops in the South China Sea definable as islands? If not, then claims to surrounding territory on the grounds of an Exclusive Economic Zone (EEZ) are bogus, which is why China has sought to artificially increase the land mass and habitability of many islets.

China has been brazen in its artificial extension of the South China Sea islets, including thestationing there of sophisticated military hardware
China has been brazen in its artificial extension of the South China Sea islets, including thestationing there of sophisticated military hardware

British Commonwealth officials maintained their belligerent if futile posture on the issue into the 1950s. Only the competing French interest prevented a more forceful riposte from London when unable to achieve its ambitions.

One interesting thing to note about territorial claims in general is that, once they have been made, they can be resurrected at any moment. Additionally, new historical justification for such claims can always be found. Whilst the possibility of Britain, France or any other far-flung power having contemporary designs over the South China Sea may seem preposterous, there are many examples of overseas territorial disputes persisting into the post-colonial era. The Falkland Islands is just one example, and Britain’s unyielding sovereignty still infuriates the Argentinians to this day.

Should China ever overreach itself in the South China Sea, what is to stop the Americans and their allies from wheeling out old territorial claims to put a halt on Beijing’s aggressive expansion? Unlikely, perhaps, but always a possibility. Indeed, for a time in the 1930s, the USA subsumed the Filipino claim for sovereignty over the South China Sea during the period in which it dictated Manila’s foreign policy.

We should perhaps be thankful, therefore, that with frequent eruptions of disquiet amongst the Asian contestants over the ownership of the islands in the South China Sea, the former Western colonial powers have refrained from resurrecting their dubious claims to this most delicate stretch of water.

Competing claimant governments have nationalised the South China Sea dispute for political gain
Competing claimant governments have nationalised the South China Sea dispute for political gain

What the USA will make of China’s continuing challenge to its domination of the Pacific Ocean will be a question for the near future…perhaps one to be resolved as soon as new footsteps cross the threshold of the White House.

Source

British Foreign & Commonwealth Office papers from the National Archives

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America Eyes Up Subic Bay Return: a crucial step in countering China

The United States Navy could soon be returning to Subic Bay in the Philippines, a staple of its Cold War presence in the Pacific. Talks between Washington and Manila are proposing that up to eight military bases are made available for American troops in the Philippines in the coming few years.

Subic Bay Naval Base under US control
Subic Bay Naval Base under US control

The reason? China; and, more specifically, Chinese power projection in the South China Sea, a waterway dotted with numerous disputed islets, reefs and atolls. The Philippines is one of the major claimant states to parts of this territory, along with Vietnam, Malaysia and Taiwan. However, China claims that the entire Sea is within its territorial sphere and Beijing has taken concrete steps in recent months to enforce this idea, including extensive land reclamation around the islands it currently occupies.

These actions – which are illegal and have been pitifully opposed by the international community – are unsurprisingly a major cause for concern for the ‘weaker’ claimants, including the Philippines. Over twenty years since Corazon Aquino’s government asked the US Navy to vacate Subic Bay – the eruption of Mount Pinatubo in 1991 had also highlighted a potential vulnerability of the base – the Philippines government now seems open to an American return.

Interestingly, the Subic Bay base was initially built by the Spanish in 1885 during their period of colonial rule in the Philippines. It would change hands – along with vast amounts of other territory – after the 1898 Treaty of Paris which ended the Spanish-American War. Inadvertently, the freedom-touting Americans had become an imperial power.

To try and distance themselves from the role of colonial masters, the American administration in the Philippines delegated much of the day-to-day running of the country to intermediaries, members of the indigenous elite who could mediate between the citizenry and the government. This only served, however, to entrench an oligarchic system which would remain in place after the Philippines gained independence.

What is more, the Americans ‘locked the Philippines into a highly restrictive set of trade agreements during the first three decades of the twentieth century, effectively cementing its dependence on the USA’. (Beeson, 2007) This only really benefited the landholding elites, part of that same oligarchy used as a tool by the Americans to impose their will upon the people.

Whilst the Filipinos were undoubtedly happy to see the back of the Spaniards, they were miffed to find one colonial power replacing another. This precipitated the Philippine-America War (1899-1902), effectively a continuation of the revolution started to overthrow the Spanish administration in 1896.

US Marines during the Philippine-American War
US Marines during the American-Philippine War

Initially, the naval base at Subic Bay was held by Filipino forces and they even set up an artillery battery there that proved a great frustration to American troops. After several attempts to wrest control of the area from the rebels, the Americans finally managed to destroy the battery in December 1899 and it remained in their possession for the best part of the next 50 years.

During WWII, however, another chapter in the base’s history was written. In 1942 rampant Japanese forces encircled Subic Bay, forcing the evacuation of the base by American and Filipino personnel, who destroyed everything possible on the eve of their retreat. It would take nearly three years and a bloody campaign in the Pacific for the Americans to win back control of this precious staging post. Indeed, Subic Bay would remain a bulwark of American power-projection during the Cold War and was kept extremely busy during the messy conflict in Vietnam.

American troops advance past a dead Japanese soldier during the bloody Philippine Campaign of WWII
American troops advance past a dead Japanese soldier during the bloody Philippine Campaign of WWII

The end of the Cold War reduced the requirement for the Americans to retain Subic Bay and the Philippines government was keen to regain sole ownership of all its military and naval facilities. The order for the American withdrawal in 1992 now seems premature, however, with China’s insatiable march across the South China Sea potentially upsetting the balance of power in the Pacific before the Americans and their allies can even respond.

Without the constant travails in the Middle East, it is likely that the Obama administration would have followed through with its ‘pivot’ to the Asia-Pacific and provided more consistent and staunch support to its regional allies, who are desperate for a US presence to counter Chinese assertiveness.

Rhetoric and symbolic gestures – such as B-52 flybys and naval patrols close to China’s artificial islands – are pathetically weak and will not faze Beijing which is continuing to strengthen its naval capabilities, with a second aircraft carrier now under construction. 

Subic Bay needs to be re-occupied by American forces and quickly, if only as a statement of intent far greater than any threatening words. Scaling back in the Middle East is a difficult prospect but something that the next administration in Washington must consider. Peace in the Middle East is a pipe dream, Iran’s nuclear programme is stalled for now and none of the sectarian violence that plagues the region is an existential threat to America, whatever the Islamic State may be capable of on foreign shores.

President Obama walks alongside Philippines President Benigno 'Noynoy' Aquino whose mother oversaw the US withdrawal from Subic Bay
President Obama walks alongside Philippines President Benigno ‘Noynoy’ Aquino whose mother oversaw the US withdrawal from Subic Bay

China is keeping quiet and accumulating voraciously, whilst its neighbours cower at the growing might of the Red Dragon. It is time that America started supporting its true allies, not the faux friends it purports to maintain in the Middle East. The next President has some big decisions to make for sure.

 

Source

Beeson, M. Regionalism & Globalization in East Asia (2007)