Ronald
O'Rourke
Specialist in Naval Affairs
This report presents policy and oversight issues for Congress
arising from (1) maritime territorial disputes involving China in the
South China Sea (SCS) and East China Sea (ECS) and (2) an additional
dispute over whether China has a right under international law to regulate U.S.
and other foreign military activities in its 200-nautical-mile maritime
Exclusive Economic Zone (EEZ).
China is a party to multiple maritime territorial disputes in the SCS and ECS,
including, in particular, disputes over the Paracel Islands, Spratly
Islands, and Scarborough Shoal in the SCS, and the Senkaku Islands in the
ECS. Maritime territorial disputes involving China in the SCS and ECS date
back many years, and have periodically led to incidents and periods of
increased tension. The disputes have again intensified in the past few
years, leading to numerous confrontations and incidents, and heightened tensions
between China and other countries in the region, particularly Japan, the
Philippines, and Vietnam.
In addition to maritime territorial disputes in the SCS and ECS, China is
involved in a dispute, particularly with the United States, over whether
China has a right under international law to regulate the activities of
foreign military forces operating within China’s EEZ. The dispute appears
to be at the heart of multiple incidents between Chinese and U.S. ships and
aircraft in international waters and airspace in 2001, 2002, and 2009.
The issue of whether China has a right under the United Nations Convention on
the Law of the Sea (UNCLOS) to regulate foreign military activities in its
EEZ is related to, but ultimately separate from, the issue of maritime
territorial disputes in the SCS and ECS. The two issues are related
because China can claim EEZs from inhabitable islands over which it has
sovereignty, so accepting China’s claims to islands in the SCS or ECS
could permit China to expand the EEZ zone within which China claims a
right to regulate foreign military activities.
The EEZ issue is ultimately separate from the territorial disputes issue
because even if all the territorial disputes in the SCS and ECS were
resolved, and none of China’s claims in the SCS and ECS were accepted,
China could continue to apply its concept of its EEZ rights to the EEZ that it unequivocally
derives from its mainland coast—and it is in this unequivocal Chinese EEZ that most
of the past U.S.-Chinese incidents at sea have occurred.
China depicts its maritime territorial claims in the SCS using the so-called
map of the nine dashed lines that appears to enclose an area covering
roughly 80% of the SCS. China prefers to discuss maritime territorial
disputes with other parties to the disputes on a bilateral rather than multilateral
basis, and has resisted U.S. involvement in the disputes. Some observers
believe China is pursuing a policy of putting off a negotiated resolution
of maritime territorial disputes so as to give itself time to implement a
strategy of taking incremental unilateral actions that gradually enhance
China’s position in the disputes and consolidate China’s de facto control of disputed
areas. China’s maritime territorial claims in the SCS and ECS appear to be
motivated by a mix of factors, including potentially large undersea oil
and gas reserves, fishing rights, nationalism, and security concerns.
The United States does not take a position (i.e., is neutral) regarding
competing territorial claims over land features in the SCS and ECS. The
U.S. position is that territorial disputes should be resolved peacefully—without
coercion, intimidation, threats, or the use of force—and that claims of
territorial waters and EEZs should be consistent with customary international
law of the sea, as reflected in UNCLOS. U.S. officials have stated that
the United States has a national interest in the preservation of freedom
of navigation as recognized in customary international law of the sea and
reflected in UNCLOS. The United States, like most other countries, believes
that coastal states under UNCLOS do not have the right to regulate foreign
military activities in their EEZs. If China’s position on the issue—that
coastal states do have a right under UNCLOS to regulate the activities of
foreign military forces in their EEZs—were to gain greater international
acceptance under international law, it could substantially affect U.S.
naval operations not only in the SCS and ECS, but around the world.
Maritime territorial and EEZ disputes involving China in the SCS and ECS raise
a number of policy and oversight issues for Congress, including the
following:
-
the risk that the United States might be drawn into a crisis or conflict over
a territorial dispute involving China, particularly since the United
States has bilateral defense treaties with Japan and the Philippines;
-
the risk of future incidents between U.S. and Chinese ships and aircraft
arising from U.S. military survey and surveillance activities in China’s
EEZ;
-
the impact of maritime territorial and EEZ disputes involving China on the overall
debate on whether the United States should become a party to UNCLOS;
-
implications for U.S. arms sales and transfers to other countries in the
region, particularly the Philippines, which currently has limited ability
to monitor maritime activity in the SCS on a real-time basis, and
relatively few modern ships larger than patrol craft in its navy or coast
guard;
-
implications for the stationing and operations of U.S. military forces in the region,
and for U.S. military procurement programs;
- implications for interpreting the significance of China’s rise as an economic
and military power, particularly in terms of China’s willingness to accept international
norms and operate within an international rules-based order;
-
the impact on overall U.S. relations with China and other countries in the
region; and
-
the effect on U.S. economic interests, including oil and gas exploration in
the SCS and ECS by U.S. firms, and on international shipping through the
SCS and ECS, which represents a large fraction of the world’s seaborne
trade.
Decisions that Congress makes on these issues could substantially affect U.S.
political and economic interests in the Asia-Pacific region and U.S.
military operations in both the Asia-Pacific region and elsewhere.
Legislation in the 112th Congress concerning maritime territorial and EEZ
disputes involving China in the SCS and ECS includes S.Res. 217 and S.Res.
524, both of which have been agreed to by the Senate, and H.R. 6313,
H.Res. 532, and H.Res. 616. .
Date of Report: October 22, 2012
Number of Pages: 73
Order Number: R42784
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