By Mai Phan
Encompassing an area of around 3,500,000 square kilometers and carrying over one third of global maritime trade, the South China Sea is widely recognized as the world most contested waterway. Given its geopolitical importance, the body of water has garnered significant attention from a broad audience, including the United States, Japan, Australia, and all nations relying on the Strait of Malacca, which connects the Pacific Ocean with the Indian Ocean. However, such multi-party conflict only entangles the enduring standoff. Hence, a simple resolution to the dispute solely rests upon the claimant states, including Southeast Asian nations, Taiwan and China. Specifically, Southeast Asian countries must resolve their overlapping exclusive economic zones (EEZ), embracing ASEAN as a means to negotiate with foreign powers.
It is important to note that the combined power of ten Southeast Asian states will grant ASEAN advantages in negotiations with China. Acknowledging this fact, China has adopted the “divide and rule” tactic which aims at going one on one with Southeast Asian nations [1]. The mechanism has proved its success with Manila. Although the Philippines won the South China Sea Arbitration filed by its former administration, President Duterte is tempted to team up with China for oil exploration in the disputed waters.[2] The Philippines leader also said in a speech that there is no chance he would risk losing Filipino forces in a clash with the Asian superpower.[3] Unfortunately, the short-term gain for the Philippines means a long-term loss for Southeast Asia. Therefore, it is incumbent upon ASEAN leaders to take concrete action to consolidate trust and confidence within the regional bloc to combat illegal activities in the South China Sea.
In attempting to address the challenge, this discussion suggests Southeast Asian nations to define overlapping EEZ claims from the largest islands in the South China Sea. According to a Brookings Institution’s report, defining EEZ on a “without prejudice” basis[4] will help Southeast Asian nations to get around the deadlock over the sea. Moreover, countries within the region could work bilaterally to speed up EEZ delimitation. For example, Indonesia and Vietnam have entered a negotiation to set out boundaries where Vietnam’s EEZ and Indonesia’s North Natuna Sea overlap.[5] After resolving internal conflicts, ASEAN member states can determine a set of guidelines for conduct between its member states in negotiations with Beijing.
Furthermore, international audiences should support Southeast Asian nations’ efforts in conciliating the South China Sea tension due to their compliance with international law. These are the small countries whose rights highly depend on the protection of international law, and thus, Southeast Asia countries often resort to peaceful means to territorial disputes at the sea. For instance, the International Court of Justice (ICJ) has helped Singapore and Malaysia as well as Malaysia and Indonesia settle sovereignty disputes over some maritime features. Notably, ASEAN’s principles which are endorsed in the ASEAN Outlook on the Indo-Pacific also demonstrate the region’s commitment to core pillars of international law, such as the UN Charter and the 1982 UN Convention on the Law of the Sea.
Undoubtedly, ASEAN member states have an imperative say in the eventual stability in the South China Sea. Going bilaterally will only put a smaller country in the disadvantaged position. Therefore, Southeast Asian nations must find a common voice on the basis of their regional organization to build up weight at the negotiating table with foreign claimants, especially China. As such, defining overlapping EEZ will complement ASEAN’s trust building process. As this paper stated before, non-claimant states’ engagement will only escalate tension. Therefore, the United States, Japan, or Australia should instead acknowledge the role of ASEAN, which deliberately adheres to international law, in the South China Sea dispute.
Mai Phan is the 2019-2020 Assistant Editor for the Sigma Iota Iota’s Online Journal. She is currently studying Global Studies and Political Science at Lebanon Valley College.
[1] Kim, “Territorial Disputes in the South China Sea.”
[2] “Philippines’ Duterte Says Xi Offering Gas Deal If Arbitration Case Ignored.”
[3] Press, “Duterte.”
[4] Kuok, “Overcoming the Impasse in the South China Sea.”
[5] Post, “Indonesia, Vietnam Speed up EEZ Delimitation.”
