Provocations in the South China Sea

A fishing boat in the Scarborough Shoal in the South China Sea. (Erik De Castro/Reuters)

Huangyan Dao, or Scarborough Shoal, is Chinese territory and was not seized from another country. The 1898 Treaty of Paris, the 1900 Treaty of Washington and the 1930 Convention Between the United States and Great Britain give the western limit of Philippine territory as 118 east longitude, reaffirmed by the Philippine Constitution in 1935. China’s islands and reefs in the South China Sea, including Huangyan Dao, are all west of that line.

By not accepting or participating in the arbitration unilaterally initiated by the Philippines, China is acting in accordance with international law. In 2006, the Chinese government exercised its right under the U.N. Convention on the Law of the Sea and made a declaration that excludes compulsory arbitration. More than 30 countries have made similar declarations.

China supports and advocates for the “dual track” approach initiated by Association of Southeast Asian Nations countries to handle the South China Sea issue. China and ASEAN will work together to maintain peace and stability in the region while disputes are resolved through negotiations and consultations between states concerned.

The United States has no territorial claim in the South China Sea and should not become a “dangerous rock” in the region. We hope the United States will help foster a favorable environment for dialogue and negotiation. U.S. alliances should not infringe on China’s sovereignty and legitimate rights.

Encouraging the United States to flex its muscles is dangerous and counterproductive. It will be viewed by some countries as a blank check to embolden their own provocative actions, undermining diplomatic efforts and further escalating tension.

Zhu Haiquan, Washington

The writer is press counselor and spokesman for the Chinese Embassy.

“ Beijing scrambles fighter jets after U.S. warship nears island” [news, May 11] stated, “Two years ago, Fiery Cross Reef was little more than a cluster of rocks.” The reef was the first of the Spratly Islands occupied by China, which went on to occupy about nine islets; Vietnam holds more than 20.

In the 1988 battle for Fiery Cross Reef between China and Vietnam, about 75 Vietnamese personnel were killed or reported missing, and three Vietnamese ships were set ablaze. Chinese casualties were not reported. Given this history, the U.S. navigational challenge near Fiery Cross Reef is probably viewed more provocatively by China than transit near another of its outposts. Western powers, including the United States, used warships and gunboat diplomacy to carve up imperial China in the 19th century. The Chinese remain especially sensitive to naval threats.

When China ratified the U.N. Convention on the Law of the Sea in 1996, it declared that its provisions concerning innocent passage would not prejudice China’s right to require advance approval or prior notification for foreign warships. Several other countries made similar declarations, maintaining that a warship by its very nature has no right of innocent passage. The United States, which has not ratified the convention, views innocent passage as a customary right of warships under international law. Also, aircraft have no right of innocent passage. They may not fly over another country’s territory or territorial sea. The historical and legal issues in the South China Sea are more complex than suggested.

(Source : washingtonpost.com)

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