South China Sea: War drums and peace pipes
- By Earl Bousquet
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E-mail China.org.cn, July 10, 2016
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File photo of South China Sea. [Photo/Xinhua] |
Every now and then, but with increasing frequency in recent times, China is engaged by its neighbors in territorial disputes regarding claims to the South China Sea. Historically, these disputes have been amicably settled between neighbors. But increasingly of late, efforts are being made to introduce questionable third party involvement, under the guise of mediation.
Lies, half-truths and twisted facts are often used to justify a pursuance of strategic ambitions. But before swallowing tales wholesale, it will do well to revisit history.
First of all, as China has repeatedly pointed out, the islands and reefs of the South China Sea have been part of the Chinese territory from time immemorial. Indeed, China was the first to discover, name and exercise sustained, peaceful and effective jurisdiction over the relevant islands and reefs.
But since the 1970s, some countries have illegally occupied a number of China's Nansha islands and reefs, which is the root cause of current problems between neighbors who have forever coexisted peacefully in the South China Sea.
China's position on the related issues has always been consistent and clear-cut, remaining committed to peaceful settlements through negotiations and consultations, managing the disputes through established rules and mechanisms, promoting joint development and cooperation, safeguarding freedom of navigation and overflight -- and always pursuing peace and stability in the South China Sea region.
The fact is, China and its neighbors do have an established mechanism for seeking solutions to related disputes. The Association of Southeast Asian Nations (ASEAN) initiated a dual-track approach that will ensure disputes are properly resolved through negotiations and consultations between the parties directly involved.
This approach was advocated by the regional grouping of Asian nations to ensure peace and stability in the South China Sea and is jointly maintained by China and the ASEAN countries.
This approach is not only consistent with international law and practice; it is also an important consensus reached and a solemn commitment made by China and the ASEAN countries in the Declaration on the Conduct of Parties in the South China Sea (DOC).
The DOC is also seen by the ASEAN nations as the most pragmatic and effective way of properly handling the current issues involving the South China Sea.
The Philippine claim is based on its unilateral initiation of the disputed arbitration case in January 2013, which violates their bilateral agreements with China. It also violates the agreement of the DOC and violates Article 280 and Article 281 of the United Nations Convention on the Law of the Sea (UNCLOS).
That is to say, since China and the Philippines have made a clear choice of negotiation as the agreed means to resolve relevant disputes, the third-party settlement mechanism in UNCLOS is not applicable.
Furthermore, China made (in accordance with Article 298 of UNCLOS) a declaration on optional exceptions in 2006, excluding disputes concerning maritime delimitation (historical bays or titles, as well as military and law-enforcement activities) from such compulsory dispute-settlement procedures as arbitration.
Therefore, the Arbitration Tribunal that the Philippines wishes to introduce (in the name of third-party mediation) has no jurisdiction over the disputes between China and the Philippines.
China is therefore absolutely right when it says it refuses to accept or join any arbitration -- and that it will also not acknowledge any resulting adjudication in absentia.
Those promoting arbitration and mediation seek to legitimize external intervention in disputes between neighbors by falsely claiming China is pursuing hegemonic ambitions in the South and South East China Seas.
The fact is, freedom of navigation and overflight in the South China Sea has always been (and continues to be) enjoyed by all countries in accordance with international law - and has never been a problem.
The United States has never hidden its continuing historical interest in maintaining a heavily armed military presence in South East Asia, the China Seas included. Washington has also always historically found ways to latch on to every related dispute between China and its neighbors, its positions being driven by its strategic military interest in relation to the given China neighbor.
The U.S. hardly tries to mask its military strategy for the region with any ambiguity. The Washington pivot is not only about strengthening political and economic presence and influence in Asia, it is also about creating new and more strategic economic interest to provide more political justification for stronger military presence, in the name of enhancing regional security.
The U.S. insists that China is out to control all the skies and seas in the region -- and to construct military bases on uninhabited China islands to enforce its sea and sky dominance.
But in reality, China has repeatedly assured that freedom of flight and navigation will not be affected by construction on some of its islands and reefs in the South China Sea. China's insists that construction in the South China Sea is within its sovereign rights, that its activities are lawful, reasonable and justified -- and do not target any other country.
Recent regime changes in the Philippines can again test the willingness of involved and affected neighbors to work together towards a common ASEAN solution, without external intervention.
Washington will continue to press regional states supporting external intervention to press for approaches that will favor its strategic military ambitions in and for the area.
But China remains firmly against the militarization of the South China Sea -- or interference by any external force.
This simply means those prepared to test or challenge Beijing's determination are only (yet again) demonstrating their preparedness to fan the flames of war while talking peace and security, to beat the war drums while smoking the peace pipe!
Earl Bousquet is an award-winning veteran Saint Lucian and Caribbean journalist with over four decades experience covering the Latin American and Caribbean region. He is also President of the Saint-Lucia China Friendship Association.
Opinion articles reflect the views of their authors, not necessarily those of China.org.cn.
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