IN FOCUS
By Avishka Ashok

Four reasons for the US rejection of China’s claims in the South China Sea

On 12 January, the US State Department’s Office of Ocean and Polar Affairs released a report outlining China’s assertion in the South China Sea. The 47-page report rejected the claims as “inconsistent with the international law”.

The report identifies four factors for China’s claims in the disputed sea and then proceeds to dismiss them with its reasoning and facts.

1. Sovereignty claims over maritime features
According to the Chinese government, the features and bodies under the sea are also a part of the Chinese territory. China considers these underwater features as a part of its territorial boundaries; thereby extending the maritime zones and creating an overlap of boundaries with other countries and their territories. The report bases itself on the UNCLOS and explains that land mass above the sea level and below the sea level are treated differently. Those bodies that are above sea level contribute towards the establishment of a maritime zone. However, the features claimed by China cannot be considered for the same as most of them are underwater features and they fall outside the legally approved territorial sea.

2. Straight Baselines
China has repeatedly expressed its belief of drawing straight baselines that include the underwater features within its territory. The resulting territory would consist of vast spaces, covering four island groups. According to the report, “International law, as reflected in Part II of the Convention, sets forth rules governing the baselines from which the limits of maritime zones are measured.” The convention has taken different water bodies such as reefs, bays, ports, roadsteads into consideration. The only exception to drawing straight baselines can be applied in case of a deeply indented cut or when there is a fringe of islands in close vicinity to the coastline. The report finds that China is not eligible for the same.

3. Maritime Zones
The report explains that China has exerted its right over internal waters, territorial seas and a continental shelf as a whole which is not provided for in the international law. According to UNCLOS, maritime zones are measured from the coastlines of a country. It provides for 12 nautical miles of territorial seas, a contiguous zone of 24 nautical miles and an Exclusive Economic Zone which spreads across 200 nautical miles from the coastlines. China’s claims over internal waters are inconsistent as the baselines around Xisha Qundao islands do not fit the international laws.  In order to claim internal waters, China must establish a straight baseline that is agreeable to international law.

4. Historic rights
The report further explains that China has exerted its sovereignty over the islands in the sea by alleging historic possession of the territory. The UNCLOS has provisions for “historic bays” and “historic title”. However, in case of an adjacent or opposite coasts, neighboring states may also claim a right to the water body. The report clarifies that China has failed to provide legal justifications for its claims and it is unknown if these rights belong exclusively to China.

The Chinese Foreign Ministry spokesperson Wang Wenbin responded to the report and remarked on the hypocrisy of the US for judging China’s claims based on UNCLOS when it has not ratified the convention itself. Wenbin said: “The report distorts international law, misleads the public, sows discord and disrupts the regional situation."

References:
“Beijing says new South China Sea report by US is misleading, distorts international law,” The Strait Times, 13 January 2022
“US report outlines legal arguments against China’s maritime claims; Beijing dismisses US assertions,” The Strait Times, 13 January 2022
“Limits in the Seas No. 150 People’s Republic of China: Maritime Claims in the South China Sea,” US Department of State, Office of Ocean and Polar Affairs, 12 January 2022

IN BRIEF
By Dincy Adlakha and Keerthana Nambiar

INTERNAL
COVID-19 cases surge in Hong Kong from unusual sources
On 21 January, The Strait Times reported on the increasing number of COVID-19 infections in Hong Kong which is known for the zero-COVID approach. The report says that the infections seem to be coming from “unusual sources” such as family pets and scavenger collecting items for re-cycling from buildings. The government is trying to track down the sources for the spillover. Officials ordered mass testing for a public housing estate after detecting signs of the virus in sewages and rubbish collection areas. (“Hong Kong locks down building and tests thousands as Covid-19 cases jump,” The Strait Times, 21 January 2022)

China offloads 4 million barrels of Iranian oil into state reserves, says Vortexa Analytics
On 21 January, Vortexa Analytics, a ship tracking specialist said that China offloaded nearly four million barrels of Iranian crude oil into state reserve tanks in the southern port city of Zhanjiang. According to General Administration of Chinese Customs data, China bought about 260,312 tons of Iranian crude oil in December 2020. The recent move from China comes in amidst the tough negotiations with Iran to revive the nuclear deal which includes lifting the US imposed sanctions. The refilling of China’s reserves also comes ahead of the plan to release emergency stockpile oil along with the US to cool down global oil prices. (“EXCLUSIVE China puts 4 mln barrels of Iranian oil into state reserves -source, Vortexa,” Reuters, 21 January 2022)

China’s Olympic villages ready for the athletes
On 21 January, China Daily reported that three Olympics villages are ready to welcome the Winter Olympics and the athletes in China. Beijing Winter Olympics Village consists of two in Beijing’s Chaoyang and Yanqing districts and one in Zhangjiakou in Hebei province. The village are ready in terms of epidemic prevention and healthcare and provides with 20 residential buildings for the athletes. The housing is supposed to accommodate 5,500 athletes and team officials. (“Three Olympic villages ready for move-in,” China Daily, 21 January 2022)

CPC releases communique on anti-corruption efforts of the party
On 20 January, the Communist Party of China released a communique at the sixth plenary session of the 19th Central Commission for Discipline Inspection. The communique promised to persistently work against corruption within the party and tighten the restrictions to prevent disorderly expansion of capital. President Xi Jinping also delivered a speech at the session that was held from 19 to 20 January. President Xi also made a note of the anti-corruption campaigns and its achievements in the last decade. (“CPC’s disciplinary agency renews anti-corruption drive, to fight new challenges of ‘capital-power collusion’,” Global Times, 20 January 2022)

ECONOMY
Chinese Central Bank cuts interest rates in a bid to boost capital flow
On 20 January, the Chinese authorities cut the de-facto benchmark lending rate in five-year and one-year loans; thereby easing the capital flow in the country. The decision came soon after the central bank officials announced a cut in the interest rate for central bank lending to commercial banks. The Global Times reported that that the cuts are according to the loan periods. However, the measures taken by the state seem to be aimed at boosting market confidence and inject momentum into the economy. (“China cuts benchmark lending rate to bolster economy,” Global Times, 20 January 2022)

INTERNATIONAL
China and Germany promise to deepen cooperation and avoid ‘microphone diplomacy’
On 20 January, the Chinese Foreign Minister Wang Yi and German Foreign Minister Annalena Baerbock held a video conference and promised to deepen bilateral relations and mutual understanding. The two leaders also pledged to stay away from “microphone diplomacy”. China and Germany will be celebrating 50 years of diplomatic relations in 2021. On the occasion, the countries will promoting economic development and work towards establishing an all round strategic partnership. (“China, Germany pledge to deepen cooperation and refrain from 'microphone diplomacy',” Global Times, 21 January 2022)

China warns the US Navy force in the South China Sea
On 20 January, the Southern Theatre Command of the People’s Liberation Army stated that the USS Benfold “illegally” sailed into China’s territorial waters without permission. China accused the US of violating Beijing’s sovereignty and demanded that the US must “immediately stop such provocative actions” otherwise will face “serious consequences of unforeseen events.” In response to this, the US Navy rejected the accusations and deemed the mission to be “false.” The Navy further detailed that the Benfold was “in accordance with international law” and was conducting normal operations. (“China says it warned away U.S. warship in South China Sea, U.S. denies,” Reuters, 20 January 2022)