China’s
land reclamation triggers major concern
The
Diplomat, an online international news magazine covering politics, society
and culture in the Asia- Pacific, on June 24, published an article about China’s land reclamation in the East Sea,
internationally known as the South China Sea.
The article
“The truth about ‘aggression’ in the East Sea”
was written by Nguyen Hong Thao, an Assistant Professor in Law at the
National University of Hanoi, Vietnam. Thao, who also serves at the
Diplomatic Academy of Vietnam, has pointed out that China’s bases
are clearly of an offensive nature and threaten regional peace and stability.
This is why the United
States, the G7 and other countries have
felt compelled to protest. Vietnam News Agency would like to introduce the
full text of the article:
Satellite images showing the extent of land reclamation of China and Vietnam
in East Sea have sparked debates about who the
biggest aggressor is and what the status quo is.
To be specific, concept of “aggression” is mentioned in the Resolution 3314
of United Nations General Assembly on the 14th of December, 1972.
Aggression is the use of armed force by a state against the sovereignty,
territorial integrity or political independence of another State, or in any
other manner inconsistent with the Charter of the United Nations. The
aggressed Nation has the right to defend itself.
The recent land reclamation work in East Sea
is tied closely to the issue of sovereignty claims. Historical evidence
proves that Vietnam has
been the first state to have administration over the Spratly and Paracel Islands dating back to at least the
17th century.
China,
by contrast, only took interest in the Paracels in 1909 and claimed them as
the southern terminus of its land in 1932. China was also the last country
to set foot in the Spratlys in 1988 after using force to shoot down three
Vietnamese ships and brutally massacring 64 Vietnamese without any weapons in
their hands.
The Philippines took
interest in Spratlys at the end of 1950s, while Malaysia was attending to the
southern part of these islands in 1980s.
The first
step that any sovereign state which has gotten attacked by force would take
is reinforcing its garrisons to prevent any violation of its sovereignty. In
1988, Vietnam
increased its troops on 21 features in the Spratlys and clearly informed the
world that it was doing so.
The Philippines has
stationed troops on 8 features, China
on 9, and Taiwan
on 1. Malaysia
has increased its occupation from 3 in 1980 to 5 features in 1999.
In his recent article for The Diplomat, Greg Austin wrote that: “By 2015,
according to the United States
government, Vietnam
occupied 48 features and China
occupied eight”. First, Austin
misquoted from the remarks of US Assistant Secretary of Defense, David Shear,
on May 13, 2015.
Shear actually said that “Vietnam
has 48 outposts,” but Austin
reported it as “features” instead of “outposts” in the initial part of his
piece.
Second, it is important to look more closely at the nature of Vietnamese
behavior in the East
Sea beyond just that
statistic. For instance, in 1995, in order to minimize tensions and create
favorable conditions for the settlement of disputes, Vietnam was
the first one to call on other countries of concern to preserve the status
quo.
More generally, Vietnam
tends to limit the ‘outposts’ on its features to include only some
observation points to ensure proper administration as well as security from
foreign invasion. For example, on Barque Canada Shoal (Bai Thuyen Chai),
which is 17 nautical miles long and 3 nautical miles wide, Vietnam has a
garrison in the center and two observation outposts in the two termini of the
shoal.
Given this, it is quite unfair to compare Vietnam’s
activities in the South China Sea with that of China’s. According to comments by
General Phung Quang Thanh, on June 1, 2015, Vietnam still maintains outposts
in 9 islands and 12 reefs.
But having several outposts in one natural feature is not like reclaiming
land to create a feature many times larger than its original size to build a
military complex, as China
is doing.
Third, it is important to distinguish China’s
activities from that of other claimants and be clear about the consequences
of Beijing’s
actions. The construction by Vietnam,
the Philippines and Malaysia started all before the conclusion of
the Declaration of Conduct of Parties in the East
Sea signed between China and
ASEAN in 2002.
They have similarities: they are being undertaken in islands and reefs naturally
surrounded by water at high tide; they aim to prevent erosion and improve the
standard of living, they include materials being transported from mainland;
they occur on features which are being increasingly civilized and starting to
open for tourism; they do not include heavy weapons; they are meant for
defense rather than creating military bases that can threat other nations;
and they are not changing nature of the feature.
The land reclamation made by China on the low tide elevations (LTE) far from
the Chinese mainland, which is approximately 1000km, has started since 1988
and has occurred at a very fast pace and huge scale.
Satellite images show that China
has been expanding the land reclamation area from 20 hectares to 810
hectares. In Subi, an LTE, the speed of land reclamation from May to June
2015 is 8 hectares per day, transforming the LTE to a military base of around
3.87 square kilometers capable of building an airfield strip of about 3km.
Remember that the whole area encompassing all islands and reefs in Spratlys
is not more than 10 square kilometers, stretched over the sea area which is
about 160,000 to 180,000 square kilometers.
Besides the scale of these activities, China’s actions are also
negatively impacting the region and infringing on international law. China uses
the biggest dredge ships in the world to destroy the coral reef ecosystem for
extracted material.
This damages over 300 hectares of coral reef, creating initial loss of more
than US$100 million every year for countries in East Sea, in addition of
course to the damage to the environment which.
And as many others have pointed out, China’s transformation of LTEs into
artificial islands, followed by demands by the international community to
give them the legal status of natural islands and recognize a 12 nautical
mile territorial sea and even a 200 nautical mile exclusive economic zone,
violated the United Nations Convention on the Law of the Sea (UNCLOS) which
China is a party to.
In contrast, Vietnam’s
land reclamation is only 0.2% of China’s land reclamation made as
of March 2015. China
has declared that construction work in these LTEs is in the interest of
marine protection, marine science research, and SAR (search and rescue).
However, above all, they are designed to be military bases equipped with
heavy guns, ports and airfields. The consequences of this are quite dire.
Given the extent and speed of Chinese land reclamation, the world has reason
to worry about the threat to freedom of navigation, at least around 12 nautical
miles from Chinese construction.
Furthermore, these bases can serve as departure points for Chinese coast
guard, navy, and fishery inspection forces to drive away, shoot, loot and rob
Malaysian, Filipino, and Vietnamese fishing boats, all the while slowly
establishing a ban on fishing in the area and advancing the nine-dash line
claim in the East Sea.
China’s
bases are clearly of an offensive nature and threaten regional peace and
stability. This is why the United
States, the G7 and other countries have
felt compelled to protest.
If China continues its
activities in the East
Sea, this has the
potential trigger an arms race in the region as smaller nations feel they
need to invest more in weapons as the only guarantee of their security and
sovereignty. Because in the East Sea, China seems to not only be
violating international law, but setting its own rules.
VNA
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