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Constructive Diplomacy
Strategic Vision vol. 5, no. 28 (September, 2016)
Taiwan seeks to peacefully support its position in contentious South China Sea
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Mu-lan Kao
Former ROC President Ma Ying-jeou poses with a delegation during a trip to Taiping Island in the South China Sea.
photo: ROC Presidential Office
Disputes in the South China Sea (SCS) have been escalating since an arbitration case against China’s maritime claims was initiated by the Philippines in 2013. The legal status of the U-shaped line (also known as the nine-dash line), island-building activities by the People’s Republic of China (PRC), and the US Navy’s SCS Freedom of Navigation operations have all come into question in recent years. There is no denying that tensions are growing amid intransigence on the part of both Beijing and Washington, causing other, smaller nations in the region grave concern. In the face of these rising tensions, Taipei stands to offer a unique way to move forward through cooperation and peace, and could position itself as a leader in solving the multiple overlapping territorial claims in this hotly contested sea.
The U-shaped line delineates the scope of what Beijing believes to be Chinese territorial waters in the South China Sea. It first appeared in December, 1947, on a map produced by the Republic of China (ROC), which shortly thereafter moved its capital to Taipei. Moreover, it is common knowledge that the ROC and China share similar sovereignty claims. After China objected to the Malaysian and Vietnamese joint submissions by submitting two notes verbales to the UN Secretary General on 7 May, 2009, Taipei’s position has drawn significant attention from the United States and abroad, with some scholars considering the status of the U-shaped line to be laughable or ambiguous.
In light of these challenges, the ROC government faces a tall order in clarifying the meaning of the U-shaped line. Thus, any response, actions or clarification on the SCS disputes asserted by Taipei would be a high-profile issue.
Officially, the ROC government is upholding the basic principles of safeguarding sovereignty, shelving disputes, pursuing peace and reciprocity, and promoting joint development, and is willing to jointly develop resources with other countries with SCS claims. Taipei seeks to participate in related dialogue and cooperation mechanisms so as to resolve disputes through peaceful means, safeguard regional peace and stability, and promote regional development. Taipei has also called on countries in the SCS to respect the principles and spirit of all relevant international laws, including the Charter of the United Nations and the United Nations Convention on the Law of the Sea (UNCLOS), and to refrain from adopting unilateral measures that might upset the peace and stability of the region.
Peaceful principles
In order to provide a pragmatic and forward-looking course of action before a major conflict breaks out, former President Ma Ying-jeou tried to thread the needle by announcing his vision for a South China Sea Peace Initiative on 26 May, 2015, and proposed the pursuit of joint development of natural resources in the SCS. The peace initiative was based on consultations conducted on the basis of equality and reciprocity. It would set up coordination and cooperation mechanisms for such non-traditional security issues as environmental protection, scientific research, maritime crime fighting, and humanitarian assistance and disaster relief. Taipei appears willing to work with the other claimants to implement the content and spirit of the SCS Peace Initiative for resolving disputes and jointly developing resources.
Despite the US position that Ma’s visit to Taiping Island was extremely unhelpful to regional stability, the Ma administration sought to reduce tensions and promote peace and stability in the SCS by unveiling the South China Sea Peace Initiative Roadmap before a group of scholars and officials during a visit to Taiping Island on 28 January, 2016. The roadmap was based on a framework of “three yeses, three no’s, two essential elaborations, and three phases of progress,” as listed below:
1. “Yes” to cooperation, “no” to confrontation
2. “Yes” to sharing, “no” to monopolizing
3. “Yes” to pragmatism, “no” to intransigence
Beyond that, “In the short term, we need to jointly shelve disputes. In the mid-term, we will push for integrated planning. In the long term, as part of overall integrated planning, we look forward to the establishment of a mechanism for zonal development. Through bilateral or multilateral cooperation, parties concerned could designate specific maritime areas for provisional cooperation and development, with the view to establishing a joint management and monitoring mechanism so as to engage in cooperation and development on an area-by-area, stage-bystage basis,” said Ma. In this way, mutually beneficial results can be achieved. That is to say, Taipei would have the latitude to take more positive action on the SCS disputes in the future.
President Tsai Ing-wen conducts a change-of-command ceremony during the commissioning of a new cutter for the ROC Coast Guard.
photo: ROC Presidential Office
Taiping Island, also known as Itu Aba, is the largest of the naturally formed Spratly Islands, and is an inherent part of ROC territory. Historical documents indicate that the Nationalist government took over the island on 12 December, 1946 by dispatching a contingent of ROC marines to occupy and thereby establish sovereignty over the island, which was renamed Taiping—meaning “peace” in Chinese—in honor of the ship that ferried the marines there. The island not only possesses an ideal geographic location but also has provoked much discussion, particularly from the Philippines’ legal team which claimed, during the second oral hearing in the Sino-Philippine arbitration case held in November 2015, that there is no drinkable water or topsoil on the island.
Constructive contributions
With the goal of reducing tensions in the SCS, in 2000, the administration of former ROC President Lee Teng-hui replaced the military personnel stationed on Taiping with members of the ROC Coast Guard Administration. While this action was largely ignored and underappreciated by other claimants, it served to demonstrate Taipei’s opposition to the militarization of the SCS, and painted China in a more militaristic light. In addition to the military aspects of the garrison, the ROC government remains committed to making Taiping Island an ecologically friendly, carbon-neutral island that can serve as a base for peace and rescue operations. Compared to the militarism displayed by China’s actions in the SCS, Taipei’s approach should serve as an example worthy of emulation by other claimant parties in the SCS.
The aforementioned points suggest that the ROC is committed to fulfilling its international obligations and actively serving as a peacemaker and provider of humanitarian aid, so as to truly transform the SCS into a sea of peace and cooperation. Taipei has consistently adhered to the principles of peaceful settlement of international disputes and freedom of navigation and overflight as stipulated in the relevant international law and regulations. Above all, the ROC government has defended Taiping Island and other islands without getting into military conflict with other nations. Consequently, Taipei should earn recognition for not interfering with other nations’ freedom of navigation or overflight in the SCS.
Standing ground
To review the past and presage the future, since Taipei has received increasing calls from foreign countries to clarify its intentions with respect to the legal status of the U-shaped line, especially now that the Democratic Progressive Party (DPP) has won the 2016 presidential election, ROC President Tsai Ingwen should seriously consider her position, and take more positive actions on SCS issues. With the goal of gaining participation in regional collaboration, former President Ma utilized the South China Sea Peace Initiative and the attendant roadmap to call on other parties to jointly ensure peace and stability in the SCS, as well as conserve and develop resources in the region.
In response to the SCS award made by the Arbitral Tribunal of the Permanent Court of Arbitration (PCA) on July 12, the ROC government has reiterated its position of defending its national interests and urged that disputes in the SCS be resolved peacefully through multilateral negotiations conducted on the basis of equality. As overlapping claims in the SCS involve international law and politics, President Tsai proposed four principles and five actions during her first-ever National Security Council meeting held on July 19. The ROC will take actions based on four principles:
1. All disputes should be resolved peacefully in accordance with international law and UNCLOS.
2. Taipei must be included in any multilateral dispute settlement mechanisms.
3. Other relevant parties are obligated to ensure freedom of aviation and navigation in the SCS.
4. The ROC calls for other relevant parties to set aside differences and resolve disputes through joint development, and remains committed to promoting regional stability and protecting maritime resources.
Marines assigned to the 11th Marine Expeditionary Unit (MEU) board a CH-53E Super Stallion aboard the amphibious assault ship USS Makin Island.
photo: Devin M. Langer
An Air Force B-1B strategic bomber conducts training with fighter aircraft from the Japan Air Self Defense Force (JASDF).
photo: US DOD
Furthermore, the ROC government will also likely take a number of actions to support its position. First, it will step up patrol missions to safeguard the rights and safety of Taipei’s fishermen operating in the SCS. Second, the Ministry of Foreign Affairs (MOFA) will try to enhance multilateral dialogue with other relevant parties to seek collaboration and consensus. Third, the Ministry of Science and Technology (MOST) and related agencies will make arrangements to invite international scholars to Taiping Island to conduct scientific research on climate change, seismology, geology, and meteorology.
Fourth, MOFA will collaborate with international organizations to develop Taiping Island into a base for providing humanitarian aid and supplies. Fifth, the government will encourage more local talent to study maritime law so as to strengthen the nation’s preparedness regarding international legal issues.
It is important to note that Interior Minister Yeh Jiunn-rong led a team of officials and researchers to Taiping Island on August 16. According to Yeh, the trip was part of preparations to transform Taiping Island into a hub of scientific investigation on climate change and marine ecology. Yeh also pointed out that the Ministry of the Interior is working with the MOST and other agencies to share data and seek international collaboration on various projects. This is significant as it indicates that the Tsai administration is steadfast in its position and committed to promoting regional stability in the SCS.
As the Chinese proverb warns, “the rising wind forebodes the coming storm.” It seems that the situation in the SCS will likely become more complicated in the future. It is hoped that all the parties involved will continue to engage in dialogue until a final solution can be reached. As mentioned above, Taipei can play a key role in the SCS disputes now that the PCA has rendered its judgment.
Mu-Lan Kao is an attorney-at-law and a lecturer with the College of Law at Ming Chuan University. Sheis currently a PhD candidate with the Institute of the Law of the Sea at Taiwan Ocean University. She canbe reached at kaomulan@hotmail.com
