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China Vs Freedom of Navigation in South China Sea

Recent flashpoints

The most serious trouble in recent decades has flared between Vietnam and China, and there have also been stand-offs between the Philippines and China. Some of the incidents include:

  • In 1974 the Chinese seized the Paracels from Vietnam, killing more than 70 Vietnamese troops.
  • In 1988 the two sides clashed in the Spratlys, with Vietnam again coming off worse, losing about 60 sailors.
  • In early 2012, China and the Philippines engaged in a lengthy maritime stand-off, accusing each other of intrusions in the Scarborough Shoal.
  • Unverified claims that the Chinese navy sabotaged two Vietnamese exploration operations in late 2012 led to large anti-China protests on Vietnam’s streets.
  • In January 2013, Manila said it was taking China to a UN tribunal under the auspices of the UN Convention on the Laws of the Sea, to challenge its claims.
  • In May 2014, the introduction by China of a drilling rig into waters near the Paracel Islands led to multiple collisions between Vietnamese and Chinese ships.
Have they tried to reach a resolution?

China prefers bilateral negotiations with the other parties. But many of its neighbours argue that China’s relative size and clout give it an unfair advantage.

Some countries have argued that China should negotiate with Asean (the Association of South East Asian Nations), a 10-member regional grouping that consists of Thailand, Indonesia, Malaysia, the Philippines, Singapore, Brunei, Laos, Vietnam, Myanmar and Cambodia.

However, China is opposed to this, while Asean is also divided over how to resolve the dispute.

asean

The Philippines has sought international arbitration instead. In 2013, it announced it would take China to an arbitration tribunal under the auspices of the UN Convention on the Laws of the Sea, to challenge its claims.

In July 2016, the tribunal backed the Philippines’ case, saying China had violated the Philippines’ sovereign rights.

China had boycotted the proceedings, and called the ruling “ill-founded”. It says it will not be bound by it.

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Amit Sharma

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