Territorial Disputes in the South China Sea – Council on Foreign Relations

Recent Developments

Territorial and jurisdictional disputes in the South China Sea continue to strain relationships between China and other countries in Southeast Asia, risking escalation into a military clash. The United States has sought to uphold freedom of navigation and support other nations in Southeast Asia that have been affected by China’s assertive territorial claims and land reclamation efforts. In the fall of 2015, the United States signaled that it will challenge China’s assertion of sovereignty over disputed territory by flying military aircraft and deploying ships near some of the islands. 

In recent years, satellite imagery has shown China’s increased efforts to reclaim land in the South China Sea by physically increasing the size of islands or creating altogether new islands. In addition to piling sand onto existing reefs, China has constructed ports, military installations, and airstrips—particularly in the Spratly Islands. 

Background

China’s sweeping claims to sovereignty over the sea—and the sea’s alleged 11 billion barrels of untapped oil and 190 trillion cubic feet of natural gas—have antagonized competing claimants Malaysia, Vietnam, Brunei, Taiwan, Indonesia, and the Philippines. As early as the 1970s, countries began to claim islands and various zones like as the Spratly islands, which may possess natural resources and rich fishing areas, in the South China Sea as their own.

China maintains that under international law, foreign militaries are not able to conduct intelligence gathering activities, such as reconnaissance flights, in its exclusive economic zone (EEZ). According to the United States, countries should have freedom of navigation through EEZs in the sea and are not required to notify claimants of military activities. China’s claims threaten sea lines of communication, which are important maritime passages that facilitate trade and the movement of naval forces.

In recent years, China has built three airstrips on the Spratly Islands to extend its presence in disputed waters. China has warned its Southeast Asian neighbors against drilling for oil and gas in the contested region, disrupting other nations’ oil exploration and seismic survey activities. To challenge China’s claims in international waters, the United States has deployed destroyer ships on missions in the South China Sea. Currently, the Permanent Court of Arbitration in The Hague is hearing a claim brought by the Philippines against China, although Beijing refuses to accept the court’s authority.

Concerns

The United States, which maintains important interests in ensuring freedom of navigation and securing sea lines of communication, has expressed support for an agreement on a binding code of conduct and other confidence-building measures. The United States has a role in preventing military escalation resulting from the territorial dispute. However, Washington’s defense treaty with Manila could draw the United States into a China-Philippines conflict over the substantial natural gas deposits in the disputed Reed Bank or the lucrative fishing grounds of the Scarborough Shoal. A dispute between China and Vietnam over territorial claims could also threaten the military and commercial interests of the United States. The failure of Chinese and Southeast Asian leaders to resolve the disputes by diplomatic means could undermine international laws governing maritime disputes and encourage destabilizing arms buildups.

Air Force to Keep Flying Over South China Sea

March 8, 2016

The U.S. Air Force will continue to fly daily missions over the South China Sea. Despite a buildup of Chinese surface-to-air missiles and fighter jets in the contested region, both nations’ militaries continue discussions to avoid any “miscalculation.” The United States also urges other nations to exercise their freedom to fly and sail in international airspace and waters claimed by China in the South China Sea” or risk losing it throughout the region” (NYT).

Philippines Accuses China of Blocking Its Waters

March 2, 2016

China deployed as many as seven naval vessels to an area of the South China Sea near the contested Spratly Islands, blocking local fisherman from their traditional routes, according to Philippine officials (Reuters). On Tuesday, U.S. Defense Secretary Ashton Carter warned China that there would be “specific consequences” to aggressive behavior in the region. 

Philippines Asks China to Respect Sea Dispute Arbitration

March 1, 2016

The Philippines on Monday urged China to respect a forthcoming ruling by an arbitration court in The Hague on a territorial dispute in the South China Sea after Beijing accused Manila of “political provocation.” China refuses to recognize the case lodged by the Philippines with the tribunal and says all disputes should be resolved through bilateral talks (Reuters).

China Deployed Missiles in South China Sea

February 17, 2016

Beijing has placed surface-to-air missiles on Woody Island, a disputed island in the South China Sea (WSJ).