THE SOUTH CHINA SEA
263. China also disputes territory in the South China
Sea with its neighbours.[384]
China's claims over the two island archipelagos within the Sea
are based on their discovery by explorers and traders in 2000
BC and occupation since the Han Dynasty of 23-220
AD.[385] Formal claims
over the islands were made in 1887. Unexplored oil, gas and hydrocarbons
beneath the seabed lie behind China's claims and both island groups
also contain extensive fishing grounds. The islands are also near
primary shipping lanes and their possession would give China influence
over traffic, although Beijing states it has no aspiration to
interfere with passing vessels.[386]
These trade routes across the Sea are crucial for the local and
global economies: "over 90% of the world's international
trade occurs via commercial shipping and 45% of that tonnage makes
its way through the virtually unregulated waters of the South
China Sea [
it] is the world's second busiest international
sea lane".[387]
Any dispute over maritime trade could have an impact on UK economic
interests in the region.
264. Both archipelagos are contested by China's neighbouring
states and Taiwan. The Spratly Islands are claimed in their entirety
by China, Taiwan and Vietnam, and partly by Malaysia and the Philippines.
Brunei has established a fishing zone overlapping a reef, but
has made no formal claim. The Paracel Islands are occupied by
China, and are also claimed by Taiwan and Vietnam. Taiwan's claim
is similar to that of China, although its unclear international
status complicates the dispute further. Vietnam claims to have
"historical evidence and legal foundation to affirm its indisputable
sovereignty"[388]
over both sets of islands, by discovery and occupation from the
seventeenth century and the jurisdiction of its emperors in the
nineteenth century. The Philippines argues that due to its discovery
of certain islands by a private citizen in 1956, sovereignty lies
with itself; gradual occupation through military garrisons led
to a 1978 decree formalising its claims over islands and territorial
sea jurisdiction. Malaysia's claim stems from a map it first published
in 1979 claiming various islands in its territorial waters and
continental shelf, and both Malaysia and Brunei base their claims
on provisions of the 1992 UN Convention of the Law of the Sea.
265. Although the issue has not specifically been
addressed under international law, negotiations have taken place
bilaterally and multilaterally, demonstrating, as Dr Cronin told
us, that China shows "generally much more moderation and
flexibility when there are other incentives to do so."[389]
In November 2002, member states of ASEAN and China signed the
Declaration on the Conduct of Parties in the South China Sea[390]
describing working principles and a structure on which to conduct
the dispute, although it is not a legally binding code of conduct.[391]
Dr Christopher Hughes also told us that there is a "real
issue of friction [
] over the South China Sea disputes,
which seem to have been shelved for now, and certainly not resolved."[392]
However, recent cooperation in oil exploration has seen encouraging
developments in claimant relations.
266. We conclude that the confidence-building
measures which have taken place are playing a positive role in
reducing tensions in the South China Sea and encouraging dialogue.
However, we further conclude that the potential for conflict remains.
We recommend that the Government set out in its response to this
Report its assessment of this complex dispute.
101