China's new Coast Guard Law a 'verbal threat of war' and South China Sea
There is no specific international law regulating use of force, and when it comes to maritime disputes, China has exploited the loophole to strengthen the coastguard by passing the new legislation. The law was adopted by the standing committee on 22nd January which will come into effect on 1st February 2021.
“It authorises the coastguard to use force when its sovereignty or jurisdiction is being violated or threatened by foreign entities at sea, including the right to employ weapons when it is deemed right to do so”. The enactment also connotes the next step taken to strengthen maritime policing capabilities as several marine law-enforcement agencies were coalesced to form the coast guard in 2013 and the coast guards which was a civilian agency until then, was integrated into People’s Armed Police in 2018 and thereby became the part of the armed forces.
The axiomatic fact is that the coast guard personnel would be authorised to not only inspect foreign vessels in waters which China claims to have inherited but also to destroy structures built by other countries on Chinese claimed reefs.
The Chinese foreign ministry spokesperson Hua Chunying argued that the new law has been passed to elucidate the coastguard’s functions and authority and along with it, enable it to fulfil its duties and obligations under international treaties. While the dragon argues that the law is to safeguard Chinese interests, Japan which has been embroiled in maritime disputes observes that Beijing may use it to encroach upon disputed territories which it claims to have inherited.
Fearing China’s unilateral action in disputed Senkaku islands, Japanese chief cabinet secretary Katsunobu Kato conveyed strong concerns over the new legislation. Japanese fears have been vindicated as Chinese coast guard vessels have repeatedly entered the Japanese waters near the disputed Senkaku islands for 9 days in a row after the law was enacted.
Authorising the coast guard to use force is nothing new as many countries in the region have done so. For example, Japan authorised the coast guard to use force including the use of weapons within Japanese waters in 2001, South Korea allowed the coast guard use of firearms in 2016 and Vietnam permitted the maritime law enforcement personnel to use arms in 2018. The key feature distinguishing China’s behaviour vis-à-vis neighbours is that they are permitted to use arms only in their territorial waters, but Chinese coast guard are doing so at disputed waters which do not come under Beijing’s jurisdiction according to international law.
The new rule poses a threat to ASEAN countries with which Beijing has maritime disputes such as Senkaku and Ryukyu islands dispute with Japan. Spratly islands dispute with Taiwan, Malaysia, Philippines, Vietnam, Brunei, Paracel islands dispute with Taiwan and Vietnam, and lastly dispute over Socotra rock in the East China Sea with South Korea. With newly acquired authority, the coast guard may fire upon the foreign vessels when it considers that they are infringing their sovereignty. The enforcement of the act may very well heighten instability as countries in the region are already involved in maritime disputes.
The legislation empowers the coast guard to threaten ASEAN member-states with war and thereby force them to avoid the disputed areas which would enable the dragon to incrementally expand and eventually dominate the south China Sea. This signals dark times for ASEAN states who have already endured economic hardships due to the pandemic. Chinese aggression in the South China Sea is escalating, and the regular breach of Japanese sovereignty by the coast guard in the disputed Senkaku islands is worrisome as far as regional stability is concerned.
Instances of China violating jurisdiction in South China Sea:
Philippines had filed for arbitration by the Permanent Court of Arbitration based on the legal status of the disputed maritime features in the south China sea. The arbitral tribunal of The Hague ruled in 2016 that fisherman from different states including Taiwan, Philippines had the right to fish and China was wrong in restricting access to them. Inspite of the ruling, Chinese coast guard took the catch of Philippines fishermen in the Scarborough shoal in 2018. This clearly shows that China has no interest in following international rules and regulations, which is not only terrifying for ASEAN members but may lead to increased hostility among the countries vis-à-vis China and thus may turn the region unstable.
Another disturbing news with regards to China blatantly violating the sovereignty of the neighbouring countries has to do with the Natuna Islands, that fall under Indonesia’s sovereignty according to international law. Indonesian patrol ships encountered Chinese coast guard vessel which had been in the area since 11 September 2020 for three days in a row and when Indonesia called them out for being in their exclusive economic zone (EEZ), the officers stood their ground arguing that the island is under China’s dominion under the aegis of the nine dash-line. Soon, foreign ministry spokesperson Wang Wenbin said that there was nothing wrong with Chinese vessels going near the Natuna islands as it falls under their jurisdiction. The harrowing fact is that the coast guards may fire upon the Indonesian patrol ship when they confront them for violating their sovereignty in view of the latest regulation.
Vietnam’s sovereignty was also violated as Chinese survey ship Haiyang Dizhi 8 entered Vanguard Bank on 3 July 2019, which is the western most reef on the contested Spratly islands. After Vietnam coast guard called them out for entering the Vietnam’s EEZ, Chinese ships ignored the calls and continued the seismic research. Conflicts like these are especially concerning as Vietnam’s armed forces are not strong enough to counter Beijing alone and with the novel guideline, coast guard may seek to capture the area by threatening to fire upon the Vietnamese coast guard and prevent Hanoi from operating on its own territory.
Chinese vessel Xiang Yang Hong 14 and Haiyan Dizhi Hao were spotted on 6 August 2020, both surveyed the Reed Bank by taking turns where one was inside and the other just outside the EEZ. Both the vessels were conducting seismic research without any clearance for at least a week according to the Philippine Navy Chief Vice Admiral Giovanni Bacordo. Entering and conducting survey in the reed bank constitutes as violation of Philippines’ jurisdiction as it is part of their EEZ. When the world was encountering the harsh effects of the pandemic, China was busy violating the sovereignty of the neighbour.
Final Stand:
China’s aggressive postures was prevalent in the south China sea since the time it decided to centralise the maritime enforcement agency in 2013. Violating the jurisdiction by illegally conducting seismic research in the EEZ of other countries has continued unabated. With the new legislation, Beijing may attempt to capture the disputed territories by intimidating the countries. Secondly, it would force the countries to avoid the disputed region and thereby claim it as China’s own.
The terminology employed in the law is rather obfuscating as Article 12 states “patrolling, taking precautionary measures and guarding key islands and reefs”. The article also state “Manage and protect maritime boundaries, and prevent, stop and eliminate acts that endanger national sovereignty, security and maritime rights and interest”. The law does not state which key islands and reefs it is directed at and in addition to that does not clearly define the maritime boundaries. Language like this is concerning as China may employ its jurisdiction in the disputed territories which is worrisome for countries in the region.
Notes :-
1)https://www.globaltimes.cn/page/202101/1213649.shtml
2)https://www.japantimes.co.jp/news/2021/02/03/national/china-senkakus-east-china-sea-katsunobu-kato/
3)https://www.japantimes.co.jp/news/2021/02/07/national/china-japan-senkakus-coast-guard/
4)https://thediplomat.com/2021/01/chinas-coast-guard-law-destabilizing-or-reassuring/
6)https://e.vnexpress.net/news/news/an-act-of-war-implications-of-china-s-coast-guard-law-4227416.html
8)https://www.straitstimes.com/asia/east-asia/new-law-lets-china-coast-guard-fire-on-foreign-vessels
9)https://www.cfr.org/councilofcouncils/global-memos/hague-tribunals-south-china-sea-ruling-empty-provocation-or-slow-burning-influence
14)https://globalnation.inquirer.net/190136/chinese-research-vessel-lingers-near-recto-bank
Pic Courtesy-South China Morning Post
(The views expressed are personal.)
