MAR 26, 2014
Since 2009, China has stepped up what Philippine officials have called a “creeping invasion” in the South China Sea. Although less dramatic than Russia’s annexation of Crimea, Beijing has been bullying its neighbors to assert and advance an expansive set of territorial and maritime claims encompassed by its “nine-dash line,” which skirts the coastlines of Vietnam, Malaysia, Indonesia, Brunei and the Philippines and gobbles up islands, rocks and resources in the process.
Seeking to make new facts on the ground (or, more literally, on the water), Beijing has permitted and encouraged its paramilitary law enforcement ships and navy to engage in persistent harassment and intimidation of non-Chinese fisherman, military vessels and energy companies seeking to go about their business in the South China Sea. Earlier this month, Chinese coast guard vessels reportedly interfered with the delivery of supplies to Filipino marines stationed on Second Thomas Shoal, a submerged reef near Reed Bank that is believed to be rich in oil and gas. If such incidents are allowed to continue, armed conflict could be around the corner.
But what distinguishes the contest over sovereignty in the Asia-Pacific from events unfolding more than 5,000 miles away in Eastern Europe is that hope remains for a peaceful solution that eschews coercion and force in exchange for international law and diplomacy.
Outmatched by China’s rapidly growing military, and dispirited by 17 years of failed bilateral diplomacy to settle its disputes with Beijing, the Philippines decided in January 2013 that its only recourse was to submit its claims to compulsory arbitration under the U.N. Convention on the Law of the Sea, which governs international rules and rights on the world’s seas. This came on the heels of China’s illegal seizure and occupation (continued to this day) of the contested Scarborough Shoal off of the Philippines’ west coast.
Despite Beijing’s unrelenting efforts to pressure Manila to drop the case, the Philippines plans to file its final “memorial” at the end of March, which will detail its case that many of China’s claims, including the notorious “nine-dash line,” have no standing in international or customary law. Legal experts predict a ruling could come down as early as mid- or late 2015.
In the meantime, countries in the Asia-Pacific – and the international community – have an opportunity to decide what kind of world they want to live in: one governed by rules and institutions; the other by brute force.
Brassey’s art via Wikimedia Commons