Southeast Asian Studies in China

10. South China Sea Studies in China: A Legal Perspective

172 Zou Keyuan 10 10 South China Sea Studies in China: A Legal Perspective Zou Keyuan PARADIGMS OF THE SOUTH CHINA SEA STUDIES IN CHINA The South China Sea is categorized as semi-enclosed sea under the general definition set down in the United Nations Convention on the Law of the Sea (the LOS Convention).1 Article 122 of the convention defines “enclosed or semi-enclosed sea” as “a gulf, basin, or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States”.2 The South China Sea suits this definition geographically because it is surrounded by six states — China (including Taiwan), Vietnam, Philippines, Brunei, Malaysia and Indonesia.3 It has an area of 648,000 square nautical miles, twice the area of the Sea of Japan.4 There are hundreds of small islands in the South China Sea, namely uninhabited islets, shoals, reefs, banks, sands, cays and rocks.5 According to Workman, they consist mainly of coral reefs.6 They are widely distributed in the South China Sea in the form of four groups of islands and underwater features, that is, the Pratas Islands (Dongsha Qundao), the Paracel Islands (Xisha Qundao), the Macclesfield Bank (Zhongsha Qundao), and the Spratly Islands (Nansha Qundao). It is interesting to note that in Chinese these groups of small islands have a big name — “qundao”, or archipelago. Such a １０ ＳＥＡＳｔｕｄｉｅｓ ｉｎ Ｃｈｉｎａ Ｃｈ １０ 10/20/06, 10:05 AM 172 South China Sea Studies in China 173 nomenclature is questionable in law and/or in geography,7 particularly for the Macclesfield Bank, which is permanently submerged under water, though it is a common Chinese view to consider the Scarborough Reef as part of the Macclesfield Bank.8 If such a view could be generally accepted, then the English name should be changed to “the Macclesfield Islands”,9 like those of the other three groups. However, a detailed discussion on it is beyond the scope of the present topic. The political situation in the South China Sea is complicated, as it contains potential of conflict arising from different national interests. In terms of the island groups, because of their geographical differences, their political situations are accordingly different from one other. The Pratas Islands are under the firm control of the Taiwan Chinese. No competing claims exist there under the current “one China” concept. For the Macclesfield Bank, the only claimant is China including Taiwan.10 Nevertheless, if the Scarborough Reef is considered part of the Macclesfield, then the Philippines, which recently has also lodged its territorial claim over the Reef, would also have a stake in the Macclesfield Bank. The Paracel Islands are under the control of China, though this is contested by the Vietnamese. Because of the firm control by the Chinese, the political situation around the Paracels is relatively calm and stable in comparison with that around the Spratly Islands. The dispute over the Spratly Islands is the most complicated since it has been lingering on for a long time and involves as many as five states, that is, China including Taiwan, Malaysia, Vietnam, the Philippines, and Brunei. It is not usual in the history of international relations that so many countries make claims over such small islets, in whole or in part, of the Spratly Islands and their surrounding water areas. As many predict, if the issue of the Spratly Islands are not well handled, it could pose a danger or threat to the peace and security in the East Asian region and in the world. In China’s view, the issue on disputes over boundaries and sovereignty over areas of the South China Sea is one of the three main factors that might trigger military conflicts in the Asia-Pacific region.11 South China Sea studies in China have a relatively long history. In the scientific field, there is a specific research institute called the Institute for the South China Sea directly under the Chinese Academy of Sciences, located in Guangzhou. It is quite understandable that Chinese scientists are interested in conducting research on the South China Sea which is adjacent to China. Scientific results from such research are significant for China’s development in science and technology. Although politico-legal studies on the South China Sea also have scientific value in a broader sense, they are related more to China’s national interest and rights, that is...