alt

Activities of the Claimants

China

China clarifies rumors about “joint operational command”

Reporters learnt from the Ministry of National Defense (MND) of the People’s Republic of China (PRC) on January 5th, 2014 that such coverage about “Chinese military to establish a joint operational command in due course and pilot work on the way” is baseless. The modern warfare features information dominance, system confrontation and joint operations and to establish the joint operational command system is the basic requirement of operations and informationalized conditions and Chinese military has made positive exploration in this regard.

South China Sea fleet gets new vessel

alt

China's Coast Guard has officially commissioned a newly built ship into its South China Sea fleet. The CCG-3401, with a displacement of 4,000 tonnes, is a multi-functional vessel. According to China’s State Oceanic Administration, the ship is equipped with advanced facilities and will help reinforce China’s administration of sea waters under its jurisdiction.

China defends South China Sea fishing rule

Beijing on January 10th rejected US criticism of a measure requiring foreign fishing vessels to secure permission to enter much of the South China Sea, which it claims almost in its entirety. "We express dissatisfaction and opposition" to the US reaction, Chinese foreign ministry spokeswoman Hua Chunying said at a regular press briefing. "If someone insists on calling technical revisions to a local fishing regulation that has already been implemented for years a matter of regional tension, a threat to regional stability, then all I can say is, this is either a lack of basic common sense or some ulterior motive." Previously, on January 9th, Hua stated that the fishing rules are normal routine practice aimed at “strengthening the security of fisheries resources and to reasonably utilize and exploit them”.

Vietnam

Vietnam protests China’s violation of sovereignty

10th January | Vietnamplus

alt

Regarding China’s recent acts concerning the East Sea - the Chinese authorities’ adoption of a draft amendment of its fisheries law, the imposition of a ban of fishing activities in a number of areas that fall within Vietnam’s sovereignty and sovereign right in the East Sea, the publication of the first web and print newspaper of the so-called “Sansha City”, and the upgrade of a meteorological station in areas belonging to the Truong Sa Archipelago, Vietnamese Foreign Ministry spokesman Luong Thanh Nghi said that these acts “are illegal and of no value, and seriously violating Vietnam’s sovereignty over Hoang Sa (Paracel) and Truong Sa (Spratly) archipelagoes. They are not in line with the agreement on the basic principles guiding the settlement of the issues on the sea between Vietnam and China, the official said, adding those acts run counter to the spirit of the Declaration on the Conduct of Parties in the East Sea (DOC) between ASEAN and China and further complicate the situation in the East Sea.”

The Philippines

Philippines blasts China over new fishing law

The Philippines denounced on January 10th a new Chinese law that Manila says compels foreign vessels to seek a permit from Chinese regional authorities for activities in large areas of the South China Sea. "We have requested China to immediately clarify the new fisheries law issued by the Hainan Provincial People's Congress," the Filipino foreign department said in a statement. "We are gravely concerned by this new regulation that would require foreign fishing vessels to obtain approval from Chinese regional authorities before fishing or surveying in a large portion of the South China Sea." On January 11th, Philippine deputy presidential spokesperson Abigail Valte also said that the Philippines will not recognize China’s new fisheries regulation which encroaches on the country’s exclusive economic zone (EEZ) and on international waters.

Japan

Japan condemns China fishing curbs

Japan on January 12th joined the United States in criticising China's new fishing restrictions in the South China Sea, saying the curbs, coupled with the launch last year of an air defence zone, has left the international community jittery. Japan on Sunday joined the United States in criticising China's new fishing restrictions in the South China Sea, saying the curbs, coupled with the launch last year of an air defence zone, has left the international community jittery. "Setting something like this unilaterally as if you are treating your own territorial waters, and imposing certain restrictions on fishing boats is not something that is internationally tolerated," Onodera told reporters.

The U.S.

U.S. says China's fishing curbs 'provocative and potentially dangerous'

alt

The United States said on January 9th that new Chinese fishing restrictions in disputed waters in the South China Sea were "provocative and potentially dangerous", as disquiet grew in Southeast Asia over the rules. "The passing of these restrictions on other countries' fishing activities in disputed portions of the South China Sea is a provocative and potentially dangerous act," State Department spokeswoman Jen Psaki told a news briefing. "China has not offered any explanation or basis under international law for these extensive maritime claims." "Our long-standing position has been that all concerned parties should avoid any unilateral action that raises tensions and undermines the prospects for a diplomatic or other peaceful resolution of differences."

Regional Snapshots

India and Japan Hold Defence Talks

alt

Defence Minister of Japan, Itsunori Onodera, visited India from 5th-8th January 2014 as a follow up to the India-Japan Defence Ministerial Meeting held in November 2011. The two Ministers held a Defence Ministerial meeting on 6th January 2014. At the meeting, the two Ministers extensively and frankly exchanged ideas regarding regional and global security challenges, as well as bilateral defence cooperation and exchanges between India and Japan. They shared views on issues relating to the peace, stability and prosperity of the region. At the meeting, the two Ministers shared views to promote defence cooperation and exchanges and to conduct major cooperation and exchanges, such as continuing to carry out high-level mutual visits on annual basis, holding the third "2 plus 2" dialogue and the fourth Defence Policy Dialogue in Delhi in 2014.

China, Vietnam launch consultations on sea-related joint development

China and Vietnam have launched their first round of consultations on joint development of maritime resources, according to a news release issued by the Chinese Foreign Ministry on January 9th. The consultation was held on January 8th between the teams on sea-related joint development, co-chaired by deputy chiefs from the Chinese foreign ministry's Department of Boundary and Ocean Affairs and the Vietnamese foreign ministry's National Boundary Commission, according to the news release. The two sides exchanged views in depth on sea-related joint development, it said. The two sides are committed to working together for substantial progress toward the consensus reached between the two countries' leaders and the bilateral agreement on basic principles guiding the settlement of maritime issues signed in 2011, the release said.

Commentaries & Analyses

South China Sea And ASEAN Chairmanship

By Subhash Kapila

alt

Myanmar’s foremost challenge would be to maintain the centrality of ASEAN and its unity in the face of severe pressures from its erstwhile benefactor, namely China. This stood mauled badly in 2012 under the ASEAN Chairmanship of Cambodia. The above aspect was also emphasised in October 2013 by outgoing ASEAN Chairman, the Sultan of Brunei as he handed the ASEAN Gavel to the President of Myanmar. Myanmar’s President highlighted seven points that would receive priority focus during his charge. Besides the oft repeated issues like climate change, disaster management, transnational crime, food and energy security etc., Myanmar’s greatest challenge would be to ensure that China during Myanmar’s charge is not tempted to transgress on ASEAN security in the South China Sea nor does Myanmar cave-in to Chinese pressures on that issue. Myanmar would be expected by its fellow ASEAN nations that it steers the course of events in a manner that China becomes motivated for accommodation of ASEAN sensitivities on issues of DOC and COC and accepts multilateral negotiations. Myanmar needs to remember that in the heyday of Western sanctions the ASEAN nations stood by Myanmar and prevented its complete isolation by USA and the West. Vietnam is said to have also been instrumental in United States recent political reachout to Myanmar. Myanmar needs to repay that debt to ASEAN nations by ensuring that during its charge China is not allowed to repeat the Cambodian episode. Myanmar too as Chairman of ASEAN for 2014 is also at critical crossroads in that if the ASEAN Community is to be achieved by 2015 then ASEAN under Myanmar’s Chairmanship has to firmly and unitedly steer ASEAN keeping the core issues of ASEAN centrality and ASEAN unity as the foremost priorities, China notwithstanding.

Hainan's New Fishing Rules: A Preliminary Analysis

By Taylor Fravel

In assessing the potential implications of Hainan's New Fishing Rules for the disputes in the South China Sea, several points bear consideration.  All told, the new measures reflect part of a continuing effort to affirm and reaffirm China’s claims in the South China Sea, but are unlikely in the short to medium term to result in a sustained Chinese effort to control fishing in these vast waters. To start, the new measures do not contain any new language regarding foreign fishing vessels in waters that China claims. In fact, the Hainan rules simply repeat almost verbatim Section Two, Article 8 of China’s 2004 fisheries law, which states that foreign fishing vessels operating in sea areas administered by China should receive approval from relevant State Council departments. That is, the new Hainan rules affirmed the application of the 2004 national law to Hainan’s waters (which were already covered by the 2004 law).  Importantly, the recent Hainan rules do not outline or articulate a new policy position regarding foreign fishing vessels in Chinese claimed waters. In other words, the main purpose of the implementing measures appears to be strengthening the regulation of fishing for an island province with a large fishing industry, not further bolstering China’s claims to fishing rights in the South China Sea. Secondly, the 2013 Hainan implementing measures do not state how the province intends to regulate the presence of foreign fishing vessels. Apart from stating that foreign fishing vessels must receive State Council approval to operate in Hainan’s waters, the measures do not discuss how the province will police foreign fishing vessels, including which agencies would be responsible for this mission or what rules of engagement would be used. The sheer size of the waters nominally under Hainan’s administration indicates that actual implementation of these new rules would be a daunting operational task, especially giving the various missions assigned to the newly-formed Chinese Coast Guard. Looking forward, the reference to foreign fishing vessels in Hainan’s new fishing rules reflects a continued desire to affirm Chinese claims in the South China Sea and to do so in a way that is inconsistent with UNCLOS. Nevertheless, the key question is whether China is able – or even willing – to implement the new rules actively and aggressively throughout these waters.

Why does China impose Hainan new fishing rules?

By Carlyle A. Thayer

Assuming that press reports are accurate, the decision by Hainan provincial authorities to require the registration and approval of all foreign vessels seeking to fish or survey in its two million square administrative zone is a major escalation of China’s  jurisdictional claims in the South China Sea. The Hainan province government regulation in effect claims jurisdictional sovereignty over waters within its nine-dash line claim to the South China Sea. The area claimed by the Hainan province authorities amounts to 57 per cent of the South China Sea by my estimate. China is within its legal rights to issue an administrative order covering its lawfully promulgated 200 nautical mile Exclusive Economic Zone around Hainan Island. But China is acting illegally beyond these limits. Chinese vessels that attempt to enforce this edict beyond their EEZ will be engaged in “state piracy” because these vessels will be in international waters. The new regulation provides legal justification for what Chinese authorities have been doing for several years: forcing foreign fishing vessels out of disputed waters, boarding and confiscating the fish catch and other valuable items (GPS, radio, tools), impounding foreign fishing boats, and fining their crews. The new regulations impose major penalties of fines up to US $83,000 far higher from those imposed previously. Regarding foreign government’s responese, they probably have been slow to respond for three reasons. First, foreign states are likely to be seeking clarification from central authorities in Beijing. Media reports state that the Hainan province regulations were only distributed internally. Second, many foreign states, like the United States and Australia, do not take sides in territorial disputes. They support freedom of navigation but in this case none of their fishing vessels are likely to be involved. Third, foreign states would want to wait and gauge reaction from the states directly concerned before responding publicly.

Positives and negatives affect South China Sea dispute

alt

Waters in the South China Sea could remain calm in the short term as countries focus on hammering out a code of conduct with China. However, that could change mid-year when a UN tribunal begins to process a complaint filed by the Philippines over the legality of China's claim to most of the sea. At least four meetings have been scheduled early this year between China and member states of the ASEAN to negotiate a code of conduct. A more proactive approach by China to push for negotiations on a binding set of rules has been matched by unity within Asean, said Carl Thayer, a South China Sea expert at the Australian Defence Force Academy in Canberra. "Countries would restrain behaviours in order not to upset that focus, because it's a hopeful one coming," Thayer said. For years Asean has been pushing for a binding code that could provide guidelines for engagements in the intensely contested sea. Beijing was previously reluctant to negotiate such a code of conduct, insisting that territorial disputes should be dealt with bilaterally. But its position began to shift last year. In September last year, China and senior Asean diplomats held the first consultation on the code of conduct in Suzhou. "China has belatedly found that a code of conduct is actually the same as what they are pushing for, namely putting aside disputes and focusing on joint co-operation," said Oh Ei Sun, a senior fellow at the S. Rajaratnam School of International Studies in Singapore. By March 30, the Philippines will have to submit a memorandum to the UN International Tribunal for the Law of the Sea outlining its case against China's so-called "nine-dash line", under which it claims most of the South China Sea. The tribunal is then expected to send a draft memorandum to China for its response. Thayer says that if China declines to respond to the draft, it could result in a sooner than expected ruling by the tribunal. "This is a wild card, we don't know what way that's going," he says.