Aparna A Nair Aparna A Nair is a postgraduate student at the Department of Political Science, Madras Christian College, Chennai.

In the news
On 21 July, Reuters reported that China and the Philippine Coast Guards traded accusations at Second Thomas Shoal. 

The China Coast Guard (CCG) stated that a Philippine vessel rammed into a Chinese patrol boat in the South China Sea and the Philippine personnel initiated "malicious attacks" against Chinese law enforcement officers by using oars and long sticks.

The Armed Forces of the Philippines (AFP) stated that the Chinese Coast Guard approached within close range of its grounded warship on the Second Thomas Shoal and took photos and videos. Additionally, Philippine Navy personnel were harmed with a wooden baton.

On the same day, the Philippine president summoned the Chinese Ambassador to Manila and China's foreign ministry summoned Manila's envoy to China. China’s Foreign Ministry stated that it will never accept any attempt by the Philippines to build permanent facilities or establish a permanent outpost at Ren'ai Jiao. The statement added that the grounded vessel violates the Declaration on the Conduct of Parties in the South China Sea (DOC) of 2002.

On the same day, on the sidelines of the 59th ASEAN Foreign Ministers’ Meeting, China’s Foreign Minister Wang Yi attended a consultative meeting on the Code of Conduct in the South China Sea (COC). 

Issues at large
1. Relevance of Second Thomas Shoal
Second Thomas Shoal is 200 nautical miles from Palawan, which makes the area under the Philippines' exclusive economic zone based on UNCLOS. China calls this region Ren’ai Jiao, and claims this area as a feature of the South China Sea. This atoll is in the Spratly Islands and is a gateway to Chinese-occupied reefs and waters. The presence of the Philippines' BRP Sierra Madre, a World War II–era vessel, makes the area a semi-permanent military outpost. The Second Thomas Shoal grounds the World War II–era Philippine vessel BRP Sierra Madre. It was beached in 1999 to serve as a physical outpost and a symbol of effective control. China had demanded the removal, claiming it was an “illegally grounded warship.” China’s main argument was that the presence of this vessel violates the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC). Beijing also views the resupply mission as a routine operation to sustain personnel stationed there.

2. The long-standing South China Sea dispute and its multiple actors
China, the Philippines, Vietnam, Malaysia, Brunei, Taiwan, and other countries in the South China Sea contest overlapping territorial and maritime claims. China, being the largest claimant, has laid out the Nine-Dash Line and claims several territories, islands, reefs, and territorial waters in this area. China and other claimants, such as the Philippines, have constructed facilities and deployed coast guard to highlight their presence and enforce control. In 2013, the Philippines initiated arbitration against China to clarify its maritime rights and the legal status of disputed features in the South China Sea. The tribunal decision rejected China’s historical sovereignty in the region. It also laid out that the nine-dash line is incompatible with UNCLOS. China rejected the arbitration and reiterated its historical sovereignty. Beijing has been consistently rejecting third-party interference and maintains that the issue must be addressed by the concerned parties.

3. The UNCLOSS award and its tenth anniversary
On the tenth anniversary of the arbitral award, fourteen countries, including the US, Philippines, Australia, and Canada, released a joint statement reaffirming the award. The statement rejected China’s maritime claims and urged that the parties resolve the dispute peacefully. They also reiterated their historic rights and that land territorial issues are not subject to UNCLOS.

The 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) was signed between ASEAN and China. It is not a legally binding document but calls for peaceful dispute resolution, self-restraint, and cooperation in the South China Sea. Contrarily, Manila, along with many ASEAN countries, views China’s claims and coast guard behaviour as the real breach of the norms. Ironically, the coast guard accusations happened as the consultative meeting was progressing.

In perspective
The incident brings out the ambiguity over sovereignty claims, UNCLOS-based arguments, and DOC-based claims. The bottom line reflects that there is ample legal and operational ambiguity. The UNCLOS arbitration and DOC, which were supposed to bring peace to the table, are now tools for mutual blame. For Beijing, withdrawing from features like Second Thomas Shoal undermines its claim to its indisputable sovereignty. On the other hand, if Manila concedes, it would be read as abandoning its legal and moral grounds
 

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