By reclaiming land on reefs that are exposed at low tide, China has created artificial structures at seven spots in the Spratly Islands, known as Nansha Qundao in Chinese. Sovereignty over the islands is subject to conflicting claims from China and several neighboring countries. The structures are sufficiently large to be used for military purposes and Beijing claims 12 nautical miles, or roughly 22km, from them as part of its territorial waters.
The U.S. sent the USS Lassen, an Aegis missile-equipped destroyer, through the disputed area, sailing her within 12 miles of Chinese-built structures on Subi Reef. The U.S. warship passed through waters claimed by China without seeking prior permission from Beijing, underscoring Washington's position of not recognizing the territorial claims to the waters surrounding the reefs.
The Chinese government reacted angrily to what it saw as an incursion into its territorial waters, saying that it will "take all measures as needed," further escalating tensions between the two countries. The U.S., however, can claim to be acting well within the boundaries set out in international law.
Before Chinese reclamation activities began, Subi and other reefs were submerged at high tide. Under the United Nations Convention on the Law of the Sea, territorial sea can be claimed from the baseline of an island, but not from an artificial structure built on a low-tide elevation, rendering the Chinese claims invalid.
Even if the destroyer had sailed through China's undisputed territorial waters, China's argument is still lacking in substance. UN rules also dictate that ships of all states are entitled to "innocent passage" through the territorial waters of a coastal country providing they do not engage in any activity that compromises the country's order or security.
In view of these points, it is difficult to see a sound legal foundation for China to take issue with the actions of the U.S. military.
Vital shipping lane
The U.S. Department of Defense has declared that this will not be the last operation of this kind and it fully intends to continue sailing through the South China Sea. Should the Chinese side try to physically block a U.S. warship from coming close to one of the artificial structures, the consequences could be severe.
One surefire way to keep the South China Sea situation from escalating further would be for Beijing to halt its construction and land-reclamation activities, while also respecting the right to freedom of navigation set out in international law.
The South China Sea is a vital artery for global trade, with nearly half the world's oil and liquefied natural gas passing through it. Any destabilization of the area would have an immediate and serious impact on the world economy.
While maintaining pressure on the Chinese government will be an important factor in resolving the South China Sea issue, constructive dialogue with Beijing is also crucial and a string of major conferences in the coming weeks would provide the perfect setting.
The ASEAN Defense Ministers' Meeting-Plus, a platform for the Association of Southeast Asian Nations and its dialogue partners on Nov. 4-5 would be one such opportunity, as would the annual Asia-Pacific Economic Cooperation summit and a number of ASEAN-related meetings toward the end of the month.
It is essential for the U.S., Japan and ASEAN member states to take these opportunities to call for self-restraint in the South China Sea.
source: Nikkei Asian Review
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