The Nine Dash Line
China’s Ambition in the South China Sea
If you have seen the news, you might have seen an odd situation where a Chinese boat pulled a flotilla of buoys across the sea in front of an island both China and the Philippines claim. Since that island, Scarborough Shoal is very close to the Philippines, it seems unusual for this to be an issue. But it is a significant area of contention between China and many other nations in the South China Sea. It is a geographic issue driven by the financial considerations in the area.
What is the Nine Dash Line?
The Nine Dash Line (usually written as 9 Dash Line) is the line of control in the South China Sea, which China claims as part of its territory.
The controversy over the limit is primarily economic. China has claimed the South Island Sea territory that overlaps with the exclusion zones of the South China Sea nations. The 9 Dash Line cuts through the Economic Exclusion Zones (EEZ) of Vietnam, Malaysia, Brunei, and the Philippines. An Economic Exclusion Zone lies from a country's coastline, 200 miles to sea. This area is supplemental to older sea laws that limit territorial borders at sea to 12 miles.
The limit was changed in 1982 at the United Nations Convention on the Law and the Sea (UNCLOS). One of the causes of the Falklands / Malvinas War between the UK and Argentina was over this EEZ boundary.
The UNCLOS also determined that even in the EEZ of a nation, other nations have the right of passage for ships and submarines, the right to lay communications cable, the right to fly over, and “other lawful uses.” I bring this up because China has tested these limits in the South China Sea.
The nation's rights in its own EEZ include building artificial islands and structures for economic purposes.
China insists the South China Sea is part of its economic exclusion zone. Furthermore, they claim that although the UNCLOS does allow freedom of transportation for military ships, they must give notice to China when crossing the South China Sea.
Why is it a problem?
The primary issue is the South China Sea contains a wealth of oil and gas. It is also critical for the other nations in the region's fishing rights. China wants exclusive rights to these and additional resources[1].
Oil drilling rigs dot much of the area, primarily from Vietnam and Brunei. This revenue is critical to the countries. Oil rights are much less important to the Philippines, but fishing rights are very contentious.
A 2016 UNCLOS arbitration panel ruled for the Philippines over China in a South China Sea case. It defined the EEZs as shown in the map at the top of this post. China has not recognized the ruling, claiming the area as its territory, and therefore, it is not subject to the UNCLOS rulings.
During and after the arbitration process, China has continued to develop the South China Sea as if it is in her territory.
Chinese Military
Many of the islands in the Spratly and Parcels island groups are small coral reefs, usually barely above sea level. China has developed these and built both airstrips and military bases. While these can be used to project power, it seems to me to be a simple show of force, not a sign of aggression. America, for instance, has bases in Australia and the Philippines, but these are defensive and not a sign of aggression.
Nonetheless, these bases are illegal per the UNCLOS and not environmentally legal. Also, they are on very low-level shoals built up and are probably not sustainable in the event of a typhoon, sea level rise, or actual warfare.
The Chinese Military also uses intimidation tactics on the fishing fleets or exploratory ships from Vietnam and the Philippines. The nation employs “fishing boats,” which are new, armed, often staffed by the military, and not seen fishing.
Most recently, China put up, and then removed, a floating and net barrier between the Philippines and Scarborough Shoal. This Shoal is one of the most contentious islands because of its rich fishing grounds and strategic position in relation to the large US bases on the Philippines mainland.
International Response to Chinese Claims
The United States and the Philippines brought this issue to the UNCLOS for arbitration. China signed the UNCLOS. However, China disagreed that the UNCLOS applied here. The arbitration ruled in favor of the Philippines, but China will not follow that ruling.
Before Americans get all legal over this, remember that we have not signed and refused to be limited by the UN Landmine Treaty and the International Criminal Court.
Of the four nations affected here, Vietnam and The Philippines actively push back against China. Malaysia has raised this as a Diplomatic Issue, but its actions are less antagonistic. Brunei has tried to stay out of the fray since its primary income source is from oil, both on and offshore. China has not been aggressive towards Brunei.
Nearly all trade from Europe to China, South Korea, and Japan traverses the South China Sea. All international shipping companies have used these routes without interference from China. The United States and the United Kingdom sent fleets, warships, and military aircraft through the sea to demonstrate the right to travel and explicitly reject China’s territorial claims.
How did China decide on this territorial limit?
This is interesting to me. China has produced 1 map from 1935 that shows this area as part of China. China in 1935 was in the middle of a Civil War and had been carved up by Europe and Japan, so this map was very aspirational.
I think a much more valid claim was made in 1945 at the end of World War II. Japan had conquered these seas in the war. In defeat, Japan returned Manchuria, Taiwan, occupied mainland China, and the island Hainan in the South China Sea. China contends that this area was Chinese previously, and Japan lost it in the war.
China further claimed this as the line during the dispute with French Indochina (now Vietnam, Cambodia, and Laos.) The Chinese did agree to some Vietnamese claims when the two countries were allies against the United States, and the “line” between Vietnam and Hainan was removed from their maps.
The Future
The region is, and will continue to be, a point of contention between China, the United States, and the bordering nations. The dispute isn’t as “hot” as the dispute over Taiwan, but it might be more susceptible to military mistakes. Tensions are high because it has been a low-level conflict for so long.
A repeat of the 2001 air collision occurred near Hainan island, between a United States military intelligence plane and a Chinese Air Force jet. The newly elected President George W. Bush had some very tense negotiations during this time, and military hawks threatened on both sides of the Pacific. President Bush did an admirable job of returning our military personnel but had to leave the plane. The intelligence was scrubbed, but the military and intelligence-gathering hardware were lost.
More confrontations are likely.
[1] See https://www.fmprc.gov.cn/mfa_eng/wjb_663304/zzjg_663340/bianhaisi_eng_665278/plpbo/202204/t20220409_10666104.html#:~:text=China%20has%20internal%20waters%2C%20territorial,in%20the%20South%20China%20Sea.