Scarborough_Shoal_Dispute,_Chi
Scarborough_Shoal_Dispute,_Chi
Scarborough_Shoal_Dispute,_Chi
Abstract
With the emergence of China’s rapid economic and military power,
broad discussions of China and East Asia’s political relationship
surfaced. Although China’s attitude towards neighbouring countries has
been continuously amiable, conflictual incidents were occasionally
reported. Among them, the South China Sea with overlapping
sovereignty claim by many countries is an area that is prone to constant
conflicts for China and its neighbour countries. In April, 2012, although
the confrontation between China and the Philippines in the Scarborough
Shoal was eventually resolved without leading to any direct conflicts,
China’s strong message claiming sovereignty right in the significant
dispute nevertheless indicates China’s growing assertiveness in South
China Sea.
This study provides an analytical review on two interrelated issues.
First, it attempts to review and analyze the Scarborough Shoal dispute
and its impact on China’s South China Sea Policy. This paper argues that
China’s assertive approach toward South China Sea will be a non-
military proactive effort in the near future, although Beijing’s attitude
and actions has been stronger and military forces have become an
option.
Second, the paper reviews China’s assertiveness in South China Sea,
and its implication for Taiwan’s South China Sea Policy. Taiwan’s South
153
154 Shawn Shawfawn Kao
China Sea Policy approach has been more restrained comparatively than
other claimants in the area. It calls for an open, regional or multilateral
approach toward cooperation, and has until now maintained a cautious
approaches toward cooperation with China, exclusively on terrirtorial
sovereignty contentions or joint development in the disputed islands,
particularly the Spratlys. And thus, the policy will largely remain subtle
and ambiguous in the years ahead, as Taiwan does not want to provoke
either China or the ASEAN claimants in the South China Sea.
Keywords: South China Sea, ASEAN, China Rise, Taiwan
Ship, Yuzheng 310. The standoff went on more than a month ever since.
Under the 1982 UN Convention on the Law of the Sea (UNCLOS),
an island is defined as a naturally formed feature that can support human
habitation or has an economic function, and entitled to a 200nm EEZ. If
a feature does not meet these criteria, it’s classified as a rock, entitled to
12 nm of territorial waters, but not an EEZ. Because five or so rocks on
the shoal and reportedly above water at high tide, it meets the definition
of an “island” under the UNCLOS. Therefore, it is subject to a claim of
sovereignty in its own right and is entitled to a 12nm territorial sea of its
own. Scarborough Shoal is a classic case of a territorial sovereignty
dispute. And UNCLOS, however, lacks authority to decide on
sovereignty disputes over land features such as islands and rocks. The
law applies only in cases of disputes arising from maritime jurisdiction.
Both China and the Philippines claim that Scarborough Shoal is an
integral part of their national territory. The Philippines, referring to
Scarborough Shoal as Panatag Shoal, asserts that it has exercised
effective occupation and effective jurisdiction over the Shoal since
independence in 1946. To reinforce this claim it points out that it built a
light house on the Shoal in 1965 and that it has conducted surveys and
research in the waters surrounding the Shoal. Manila also argues that the
Shoal falls within its 200 nm EEZ.
China, referring to Scarborough Shoal as Huangyan Island, asserts
that Scarborough Shoal and its adjacent waters have been Chinese
territory for generations and that it discovered the Shoal, incorporated it
with its territory and exercised jurisdiction over it. Further, the Shoal is
included in the Zhongsha islands ( , also known as
Macclesfield Bank), one of the four archipelagoes inside China’s
infamous nine-dashed line map to which it has historic claims to
sovereignty. China also argues that the Philippines never disputed
Chinese jurisdiction until 1979.
The dispute continued for more than a month. Both sides used
political posturing to accompany bilateral diplomacy to advance their
claims. The Philippines has adopted a three-pronged strategy – legal,
political and diplomatic – threatening to take the dispute unilaterally to
the international tribunal; seeking support from fellow members of the
including its diplomatic position, has been stronger, and more proactive,
and military force has become an option while economic power has been
utilized.
two sides in the South China Sea. It was suggested cross-Strait military
confidence-building could start by defending China’s sovereignty
together in the South China Sea. For example, Taiwan that controls the
Taiping Island – the largest island with fresh water in the Spratlys –
could provide logistic supply to China in case of a conflict. Should
China and Taiwan cooperate in this way, China’s leverage in the Spratly
Islands will increase significantly. Within Taiwan, the idea of joint
defense seems to be welcomed by some Veterans and re-unification
advocates. It has been suggested that Taiwan could probably take
advantage of the similar claims made by China as a tactic to express its
own legal stance over the disputed islands and waters to highlight
Taiwan, as one of the claimants and to refute all the other claims.
However, Taipei’s position in this regard appears to be more cautious
instead.
Taiwan’s position on the South China Sea under President Ma’s
administration has been clearly expressed in a press statement issued by
the Taiwan Ministry of Foreign Affairs. In short, it reaffirms Republic of
China or Taiwan has the sovereign right over all of islands and their
surrounding waters, and reiterates that it upholds the basic principles of
“safeguarding sovereignty, shelving disputes, peace and reciprocity and
joint exploration”. Furthermore, Taiwan supports for an open, regional,
or multilateral approach toward cooperation in this area. 20
Ma’s government has been steadfastly reiterating Taiwan’s
territorial claims toward South China Sea islands, and has tried to
demonstrate the determination in defending them through a combination
of hard and soft power approaches. For example, on February 2, 2009,
Taiwan protested against the Philippines regarding the latter’s enactment
to incorporate the Scarborough Shoal in the Macclesfield Bank, and part
of the Spratly Islands into Philippines territory. 21 Also in May 2009,
Taiwan’s Ministry of Foreign Affairs published statements opposing the
submission by Vietnam: as well as that submitted by Vietnam and
Malaysia jointly to the UN Commission on the Limits of the Continental
Shelf, extending the outer limits of their respective continental shelf
beyond 200 nautical miles beyond their baselines. 22 In addition to taking
diplomatic stances, President Ma visited the Pratas Islands on September
10, 2008, where he stressed that Taiwan should continue to strengthen its
defense capability, so that Taiwan could conduct negotiation with China
from a position of strength. 23
In April 2011, the government announced that the coastguard
personnel stationed on the Taiping Island would be trained by the
country’s Marine Corps to carry out sea combat, giving Taiwan combat –
ready troops in the region for the first time since 2000. 24 As to the cross-
Strait cooperation, President Ma has made cross-Strait energy
cooperation a priority. Cross-Strait cooperation in the development of
offshore hydrocarbon resources had begun in 1993, but was suspended
in 2004 as a result of serious political stalemate in cross-Strait relations.
As soon as President Ma took office, he instructed the administration to
study how Taiwan and China could resume cooperation. In December
2008, Taiwan’s China Petroleum Corporation (CPC Taiwan) and the
China National Offshore Oil Corporation (CNOOC) signed four
agreements, whereby the two companies will conduct joint exploration
in the Taiwan Strait and off the southern Guangdong coast of China in
undisputed areas within northern South China Sea. 25 The business model
created by the two companies for hydrocarbon joint development might
be applied in the future to joint hydrocarbon exploratory efforts in the
Spratlys under appropriate conditions resume cooperation.
Moreover, since mid-2008, Taiwan and China have negotiated and
concluded 16 agreements. Some of those agreements, including the
Cross-Strait Sea Transportation agreement, Agreement on Cooperation
in respect in Joint Crime Fighting and Judicial Mutual Assistance, and
Cross-Strait Agreement on Cooperation in respect of Fishing Crew
Affairs, offer possible legal foundation for future cross-Strait
cooperation in the South China Sea on humanitarian assistance,
anti–piracy, combating illegal trafficking, and other related areas. In
November 2009, the two sides also successfully initiated a joint project
entitled “Southeast Asia Network for Education and Training” at the
19th Indonesian Workshops on Managing Potential Conflicts in the
South China Sea. This was the first cross-Strait joint initiative since the
inception of the workshop in 1990. 26 And in July 2011, experts from
Taiwan and China jointly published a very first report on South China
Sea. The report assessed the situation in South China Sea throughout
2010 and provided a comprehensive review of the increasing complexity
of the regional situation. It was worth-nothing that the final chapter,
entitled “Prospects of Cooperation in the South China Sea”, calls for the
creation of cross-Strait mechanisms to deal with South China Sea issues
together. In particular, it suggests that a cross-Strait military coordinator
mechanism be established to defend their territorial claims together, and
if necessary, the two sides should create positive conditions for joint
patrol of the South China Sea. The report received mixed reactions
within Taiwan as well as abroad, and Taiwan officials have reacted by
dismissing the possibility of cooperation in this particular regard. 27
Nevertheless, the report still represented a serious effort by academics
and policy thinkers across the Taiwan Strait in helping build cross-Strait
confidence.
With the progresses of functional cooperation in certain aspects
across the Strait, one could find that Beijing seems do not mind, perhaps
even welcomes, Taiwan’s claims to the South China Sea. That is because
both Taipei and Beijing have re-embraced the so-called “1992
Consensus” since May 2008, when President Ma came to office.
President Ma accepts that there is only one China and cross-Strait
relations are not state-to-state relations, but rather “special relations”,
even though he maintains that “One China” is “the Republic of China”.
Since Taiwan is basically excluded from all of the multilateral
mechanisms such as the ASEAN Regional Forum and ASEAN-Plus
where the South China Sea disputes could be discussed officially, China
remains the one that dictates the interpretation of “One China”, the
Chinese position, and influences the relevant agenda in those forums.
Furthermore, China and Taiwan have both used the so-called U-
shaped line to claim a substantial portion of the South China Sea. And
that would to some extent give China an advantage, in that Taiwan’s
territorial claims, as well as its uninterrupted occupation of Pratas or
Taiping islands since 1956, form an indispensable component of the
Chinese claims.
From Beijing’s perspective, as long as Taiwan continues to be an
integral part of the state of China, Beijing will have a stronger legal
ground to assert and enforce its own claims, and Taiwan’s sovereignty
claims toward the South China Sea may well be tolerated as a concerted
effort in defending the Chinese position against others.
All this suggest a strong linkage between Beijing’s insistence on the
“One China” principle in cross-Strait relations and the South China Sea
dispute, and under such circumstances Taiwan’s sovereignty claims
toward South China Sea could be served as a linchpin to China’s
expanding national interests as a maritime power and PLA-N’s defensive
missions. Moreover, because of such a linkage, Taiwan has much to
consider when evaluating its cooperation with China in the South China
Sea. First, cross-Strait relations remain a highly sensitive and divisive
issue in Taiwan’s domestic politics. The two main political parties – the
National Party KMT and the DPP disagree on their cross-Strait policies.
For example, former DPP chairperson and candidate for the 2012
presidential election – Tsai Ing-wen accused the incumbent Ma of
undermining Taiwan’s political and economic independence by
conducting negotiation and cooperation with China on the basis of “One
China”, even though Ma’s definition for “One China” is different from
that of Beijing’s. It is to say that in a vibrant democracy like Taiwan, no
political leader can freely conduct is relations with China without some
forms of scrutiny from the people. Secondly, Taiwan and China continue
to face the challenge in building more mutual trust. China’s missile
deployment toward Taiwan and its refusal to renounce the possibility of
using force against Taiwan makes China the primary threat to Taiwan’s
national security. In addition, Taipei and Beijing still have to overcome
considerable political differences to enable Taiwan to deepen and widen
its international space in its own right. In July 20, 2011, immediately
after ASEAN and China had agreed on the Guidelines for Implementing
the 2002 Declaration of Conduct of Parties in the South China Sea (The
Guideline), Taiwan has formally expressed its discontent and reiterated
its basic South China Sea principles of “safeguarding sovereignty,
shelving disputes, promoting peace and reciprocity, and encouraging
joint exploration”. At the same time, it stressed that: “As the government
should be included in the dispute dialogue mechanism, it will not
recognize any resolution reached without its participation.”28
5. Conclusion
China’s assertiveness in South China Sea, particularly its approach
toward the Scarborough Shoal dispute has significant implications and
impact on Taiwan’s South China Sea policy. First, the significance of the
standoff represent a clear evidence on a shifting, to some extent, of
China’s policy of “shelving dispute and seeking joint development”
toward a more pro-active behaviour in the South China Sea, and yet a
non-military one in its nature. Moreover, it is more likely that this has
become a type of pattern and approach for handling the maritime and
territorial disputes in the South China Sea in the near future. However,
such act and approach certainly does not apply to territorial disputes
with other conflicts over sovereignty that may occur in other places,
such as the East Sea. In addition, after the standoff, the status quo of
entire South China Sea remains intact. Neither has there been any
change in ASEAN’s approach toward the South China Sea, nor has it
any tilting to a closer relations with the US for its implicit, if not
explicit, counter-balance of China’s power expansion.
Meanwhile, although China shifts its low-profile policy to a more
pro-active one in South China Sea, it, however, still expressed a wish to
come up with the Declaration on the Conduct of Parties in the South
China Sea (DOC) as a platform to solve the problems with the concerned
parties in South China Sea, and even did not rule out a possibility of
working toward a establishment of the Code of Conduct (COC) in the
near future. Assertions such as this perhaps also represent a shifting by
China towards the use of multilateral mechanisms to solve sovereignty
disputes in the South China Sea. Meanwhile, the adoption of a
multilateral approach by China is, at least in the short term, a form of
hedging policy in its nature, in that it plays a balancing role in response
to America’s global and regional dominance and political wrangling
among the ASEAN nations.
Against such circumstances, Taiwan’s policy toward the South
China Sea dispute since the beginning of the Post-Cold War era and
early 21st century has been more restrained than other claimants
particularly China, Vietnam and the Philippines. And it has until now
maintained a cautious approach toward cooperating with China
exclusively on territorial sovereignty contentions or joint development in
the disputed islands particularly the Spratlys, and appears to support the
principle of freedom of navigation advocated by the US. 31 More
significantly, Taiwan has consistently been calling for “putting aside
disputes” for joint cooperation and development in the South China Sea.
Specifically, the parties concerned should shelve their different claims
Notes
* Dr Shawn Shaw-fawn Kao (Ph.D. in International Relations,
University of Virginia) is Associate Professor at the Department of
Political Science, and Dean of OIEP (Office of International Education &
Programs), Tunghai University (THU), Taiwan, Republic of China. He has
been working in various capacities, such as Dean of International College,
Director of Graduate School of International Affairs, Director of Research
and Development, Dean of Student Affairs, Director of International
Education and Exchanges at Ming Chuan University; Deputy Secretary
General, People-to-People International (PTPI/ROC,
); Senior Staff Officer, Taipei Office on Education Forum, Asia-
Pacific Economic Cooperation (APEC); editing board for the Academic
Journal of Politics and Policies, Vice-president of International Trade and
Marketing, Soletek Inc. (U.S.A.). His research and study interests include
China’s Southeast Asia policy, Southeast Asia regional studies,
international relations and East Asia regional security, and theories of
international politics. His current research papers and publications include:
“China Rise and The Myth of ASEAN/East Asian Regional Integration”
(2010); Shawn S.F Kao (co-author), “ Governing a Globalizing World:
Using Military Adversary Regime and Non-military Adversary Regimes as
a Tool” (2010); “Taiwan: A Key to China’s Peaceful Rise”(2010); “China
28. MOFA Press Release No. 232 of July 20, 2011, English translation.
<http://www.boca.gov.tw/content.asp?cultem=4736&mp=1>.
29. Yann-huei Song, United States and Territorial Disputes in the South China
Sea: A Study of Ocean Law and Politics, Baltimore: School of Law,
University of Maryland, 2002.
30. A summary of various arguments for why the US should abandon its
defense commitment for Taiwan can be viewed in Shelley Rigger, “Why
Giving Up Taiwan Will Not Help Us with China”, Washington, D.C.:
American Enterprise Institute for Public Policy Research, November 29,
2011. <http://www.aei.org/outlook/foreignanddefensepolicy/regional/
asia/whygivinguptaiwanwillnothelpuswithchina/>
31. Press Release No. 186, Ministry of Foreign Affairs, July 6, 2011. <http://
www.mofa.gov.tw/webapp/ct.asp?xItem=52800&ctNode=1547&mp=1>
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