WHOSE SEA IS IT ANYWAY? A PERSPECTIVE OF THE SOUTH CHINA SEA CONFLICT

Abstract

It is the 1st of April, 2001, a US navy intelligence aircraft, while on its usual route over the South China sea, crashes into a fighter jet of the People’s liberation army navy. This incident would later be referred to as the Hainan Island Incident, and would become the first of many disputes over the South China Sea and the airspace above it.

The incident resulted in massive diplomatic tensions between the states, resulting in imprisonment of the US officers, who were only released after the US was forced to write letters of apology and offer compensation for the ‘maintenance of the soldiers’.

The dispute involves the following countries Brunei, Cambodia, China, Indonesia, Malaysia, Philippines, Singapore, Taiwan and Vietnam. Interestingly however, the major competing claims over the area are those of China and US over the disputed airspace. The main bone of contention between the countries relates to the militarisation of the South China Sea. China backs its claims relating to control over the area, which it deems as being of military importance with island-building and naval patrols. The US on the other hand has a neutral stance officially however it has sent military ships and planes near disputed islands, calling them "freedom of navigation" operations to ensure access to key shipping and air routes.

Before one can go into the effects of the recent judgement on the South China Sea issue, the actual value of the land must first be established. The issues over the territory range from violation of sovereign integrity to route for international trade and finally a claim upon the resources which the area is assumed to possess.