Wednesday, September 6, 2023

CHINA'S NEW OFFICIAL CHARTER AND INTERNATIONAL LAW

 Filenews 6 September 2023 - by Jill Goldenziel



China has mapped out its imperial ambitions – it did so very recently. literally.

Last Monday, the Chinese Ministry of Natural Resources published its new "standard map", which includes not only Taiwan, but also parts of the maritime zones of the Philippines, Vietnam, Brunei, Indonesia and Malaysia. It also includes land that China claims from India – even part of Russian territory.

The release of the map of China is an annual tradition, which can happen at any time. Many commentators note that the timing of this year's release of the map came as a surprise, given recent diplomatic events, including the G-20 summit that begins this Saturday. However, the release of China's map is part of a series of recent attacks on the sovereignty of its neighbours and the rule of law in the region as a whole. China is signalling loudly that it will not back down from its expansionist and revisionist claims, even as its neighbours improve their defenses.

Upgrade claims

The new map of China is significantly broader than the official map China submitted to the UN in 2009. Since at least 1947, China has claimed marine elements within a glossomorphic "Nine-Dash Line" that plots the faint outlines of the South China Sea on Chinese maps. The new map adds a tenth dash around Taiwan and includes parts of the Exclusive Economic Zones of the Philippines, Malaysia, Indonesia, Vietnam and Brunei.

Although the map is not fully clear about the Senkaku/Ryuku Islands, which are claimed by both China and Japan, the map is likely intended to include these as well. China's claims to land borders with India and Russia are also particularly bold. The map includes the Indian state of Arunchal Pradesh, along the Line of Actual Control, a de facto border in the Himalayas over which India and China fought in 1962 and where conflict has erupted in recent years.

The map also includes the Aksai Chin plateau in the Himalayas, which India claims but China controls. The map includes the entire island of Bolshoy Ussuriysky, which Russia and China agreed to separate in a 2005 agreement. While China's maritime claims and dispute with India are well known, the claim to Russian territory is new. China has launched a "national map publicity and awareness week," as it has done for map publishing in recent years, to publicize its claims.

Reactions

China's neighbours were quick to protest — and invoke international law in response. The speed and similarity of the response has been remarkable in a region where China's neighbours sometimes appear "cowardly" in protesting its maritime claims.

Malaysia spoke first, on August 30, stating that it does not recognize Chinese claims. The Philippines, Indonesia and Vietnam spoke the next day, condemning all violations of international law by China and invoking the UN Convention on the Law of the Sea. All these states and India filed diplomatic protests.

Brunei, which has a history of public silence or acquiescence to China's claims to its EEZ, issued a statement against the charter, stating that it is "essential" that maritime delimitation issues are settled in accordance with UNCLOS. Russia, too, rejected the charter — though without invoking international law. Even Nepal opposed the map, which highlights three areas considered disputed between itself and India as part of Indian territory.

The mayor of Kathmandu has cancelled a planned visit to China in protest. On Thursday, Chinese Foreign Ministry spokesman Wang Wenbin stressed that the release of the map is a "routine matter" and said that "China's position in the South China Sea is coherent and clear," calling on interested parties "to see it in an objective and rational light."

In the week before the map was published, Chinese President Xi Jinping and Indian Prime Minister Narendra Modi met on the sidelines of the BRICS summit and pledged to resolve their border dispute. The China-India relationship was due to receive another boost at the upcoming G20 summit in India, though it now looks unlikely that Xi will attend. The China-Russia relationship also appeared strengthened after the BRICS summit after members voted in favour of a proposal, backed by both countries, to expand the group. It would also seem thoughtless for Xi to give his neighbours something to rally to the ASEAN meeting that begins on September 5.

Message

However, China's map sends a message of strength and aggression that Beijing consistently conveys to its neighbours — and to the Chinese people themselves. China is stepping up its military efforts, sending ships in protest whenever its neighbours show support for international law.

Within the past year, Indonesia ended its longstanding EEZ disputes with Vietnam within the limits of UNCLOS. China responded by stepping up patrols and incursions into the maritime zones it claims from both countries. These actions were particularly pronounced in Vietnam, where China entered gas blocks owned by Russian companies in Vietnam's EEZ and where the Chinese coast guard attacked a Vietnamese fishing boat with a water cannon on the day the map was released. China is now brandishing its map and waving it passionately towards UNCLOS and the countries that support it.

Moreover, China's map signals that Beijing will not back down due to growing defense relations between its neighbours and their growing ties with the United States. Tensions are running high around Taiwan as speculation mounts about China's plans to invade the island. The Philippines and the United States announced the extension of the Enhanced Defense Cooperation Agreement this year. The two countries held their largest annual exercise ever, Balikatan, in April, with Australia and Japan participating.

The United States and Indonesia also expanded the Garuda Shield exercise. Vietnam and the United States are also in the process of upgrading their security ties. In recent weeks, the Philippines has announced joint maritime patrols with the United States and Australia. And Japan recently announced it was negotiating an improved defense deal with the Philippines. Through its map, China has clearly stated that it will not back down from its claims, even though its neighbours are siding against it.

China's map confirms that it wants to rewrite the actual map on the ground and take what it can. China has come to project power by claiming Russian territory that has long been controlled by Russia — knowing full well that Moscow can do little to protest in light of its current dependence on China. China's other neighbours should ensure they never find themselves in a similar position by working to free themselves from Beijing's coercive influence.

At this week's ASEAN summit in Jakarta, ministers must continue to rally around international law and work together to protect and defend it together with like-minded countries. India, which recently announced that it supports the 2016 ruling of the Philippines-China arbitral tribunal based on UNCLOS, can be a natural ally on this issue. Only by continuing to improve their ties and upholding international law as the basis for international order can China's neighbors prevent the Chinese map from becoming their reality.

Forbes