sovereignty & maritime disputes in southeast asia ... · •dispute between 2 or more states as...
TRANSCRIPT
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Robert BeckmanDirector, Centre for International Law (CIL)
National University of Singapore
ICPC PLENARY, HONG KONG, April , 2015,
Sovereignty & Maritime Disputes in Southeast Asia:
Implications for the Submarine Cable Industry
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Part 1
Sovereignty Disputes and
Maritime Disputes
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• Dispute between 2 or more States as to which State has better
claim to sovereignty over offshore islands
• Governed by general international law, not by the UN
Convention on the Law of the Sea
• Cannot be resolved by an international court or arbitral tribunal
unless both States agree
– Malaysia and Singapore referred dispute over Pedra Branca,
Middle Rocks & South Ledge to ICJ
– Malaysia and Indonesia referred dispute of Sipidan and
Ligitan to ICJ
Sovereignty Disputes over Offshore Islands
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Sipidan / Ligitan
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• 1982 UN Convention on the Law of the Sea (UNCLOS)
• “Island” is naturally formed area of land surrounded by and
above water at high tide
• States are entitled to claim maritime zones from land territory
including islands: 12 nm territorial sea, 200 nm EEZ and a
continental shelf beyond 200 nm
• “Rocks” which cannot sustain human habitation or economic
life of the their own are not entitled to an EEZ or CS – only a 12
nm territorial sea
Maritime Claims
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Baselines and Maritime Zones
The Area
200 M
Sea Level
12 MContiguous
zone
Territorialsea
12 M
Exclusive Economic Zone (EEZ)
Water Column, Sea-bed, Subsoil
Rise Deep Ocean
Inte
rna
l w
ate
rs
Te
rrito
ria
l S
ea
Ba
se
line
(Extended Continental Shelf)
Continental Shelf
Sea-bed, Subsoil, Sedentary Species
High Sea
Shelf
LowerSlopeAnimation by Arsana & Schofield, 2012
UpperSlope Plateu
or
Terrace
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• Low-tide elevations
– naturally formed area of land above water at low-tide but
submerged at high tide
– Not entitled to any maritime zones of their own
• Artificial Islands, Installations and Structures
– Not “islands” because not naturally formed
– Not entitled to any maritime zones of their own
– Safety Zone of 100 m permissible
Maritime Claims
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Part 2
Occupied Features in
Spratly Islands
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At least 44 are occupied with installations & structures:
– Vietnam 25 (5 of largest)
– Philippines 8 (5 of largest)
– China 7
– Malaysia 3
– Taiwan 1 (Itu Aba, the largest)
Total Land Area of 13 largest – about 2 km2
Occupied Features in Spratlys
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China / Philippines / Vietnam/Taiwan /Malaysia
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Itu Aba / Taiping (Taiwan)
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Thitu Island (Philippines)
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Spratly Island (Vietnam)
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Swallow Reef / Pulau Layang Layang(Malaysia)
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Mischief Reef (China)
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Part 3
Potential “Hot Spots” in
Overlapping Areas in
the South China Sea
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Bashi Channel
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Gulf of Tonkin
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Reed Bank
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Vanguard Bank Area
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Malaysia and Brunei
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Indonesia – Natuna Islands
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Part 4
China’s Reclamation Works
In 2014 and 2015
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China’s Reclamation Works
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Fiery Cross Reef
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Reclamation on Gavin Reef
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Tizard Bank
Namyit Island
Gaven Reef
Eldad Reef
Sand Cay
Petley Reef
Itu Aba
6.5NM
12NM
8NM
8NM
23.5NM
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Reclamation on Johnson South Reef
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Hughes Reef
Johnson Reef
Sin Cowe Island
Grierson Reef
Len Dao
Collins Reef
4NM
9.5NM
3.5NM
6NM
29NMUnion Reef
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Mischief Reef Reclamation
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Part 5
China’s Reclamation Works:
Implications for Submarine
Cable Industry
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1. Will not strengthen sovereignty claim to islands
under international law because of protests
2. Will not change status of features
3. Will not enhance claims to maritime zones from
features
What Reclamations will not change
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• China’s intention seems to be to change the status quo in the
South China Sea and create a “new normal”
• When the reclamation works are completed, China will be able
to assert control over large portions of the SCS and apply its
national legislation
What Reclamations May Change
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• Case brought be Philippines against China in Jan 2013
challenging China’s maritime claims in the SCS
• China has refused to participate in the case but issued an
official statement in December 2014 stating the reasons why it
believed the Tribunal had no jurisdiction to hear the case
• Tribunal decided last week to schedule Oral Arguments on the
issue of Jurisdiction in July 2015
• It seems clear the China will continue to refuse to participate
and will not obey any ruling by the Tribunal
Philippines v China Arbitration
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• China’s law on mapping and surveys applies to cable route
surveys in its EEZ or on its continental shelf
• China may require consent of laying of cable in its EEZ
• China’s laws may also apply to “other areas where China
exercises jurisdiction”
– If China applies its laws to areas that are within the EEZ of
Vietnam, the Philippines, or Indonesia, the cable industry
may be subject to multiple permit requirements and could
find itself in the middle of maritime disputes
Implications for Laying of Cables
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• Uncertainties and disputes regarding maritime claims in the
SCS may also affect cable repair operations
• China requires a permit for repair of cables in its maritime zones
• If China decides to extend its reach to all the areas within the
nine-dash line, it could severely complicate the procedures for
the repair of cables in the SCS
Implications for Repair of Cables
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Part 4
Conclusions
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1. Sovereignty Disputes and Disputes over maritime claims in
the SCS are are likely to increase tensions in the next 2 years
2. The pending decision in the Philippines v China arbitration
may clarify some of the legal issues but further complicate the
dispute in other ways
3. China’s current reclamation works are designed to create a
“new normal” and thus could create more uncertainties as to
the application of its laws and regulations to the laying and
repair of cables in the SCS
Reclamations and UNCLOS
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Thanks for your Attention !
Robert Beckman
Director, Centre for International Law
Email: [email protected]
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