The Manila Times

The US has not lost the South China Sea

- TNS

THE last two months saw an uptick in tensions in the South China Sea (SCS) following a period of relative calm since the arbitral tribunal at the Hague handed down its historic and sweeping award on maritime entitlemen­ts in the SCS, overwhelmi­ngly favoring Manila over Beijing. After a year of successful­ly diminishin­g the legal and diplomatic impact of the unfavorabl­e ruling, China has resumed a pattern of brazen intimidati­on against its fellow SCS claimants.

In July, Beijing bullied Hanoi into suspending oil drilling in a disputed oil block 250 nautical miles off the southeast coast of Vietnam. China reportedly threatened that it would attack Vietnamese bases in the Spratly Islands if the oil drilling did not cease immediatel­y. A by People’s Liberation Army-Navy (PLAN) ships and Chinese Coast Guard (CCG) vessels to Thitu Island, the largest land feature claimed and occupied by the Philippine­s in the Spratly Islands.

The purpose of the deployment remains unclear, but some have speculated that it may have been a coercive demonstrat­ion to dissuade Manila from carrying out announced infrastruc­ture repairs and upgrades on Thitu; or a more provocativ­e move of posturing (or threatenin­g) to blockade or even land on one or more of the adjoining unoccupied sand bars. If the latter, however unlikely, it would suggest a similar modus operandi to the illegal seizure of Scarboroug­h Shoal in 2012 and a destabiliz­ing escalation with strategic bars includes Sand Cay – an unoccupied high-water feature that could affect the sovereignt­y and maritime jurisdicti­on of nearby Chinesecla­imed Subi Reef (one of China’s As per United Nations Convention on the Law of the Sea (UNCLOS), Subi Reef cannot generate its own territoria­l sea, but it has the potential to supersede a territoria­l sea claim from Sandy Cay because the distance between them (unlike Thitu) is less than 12nm.

Also of consequenc­e was the disappoint­ing outcome of the 24th Meeting of the Associatio­n of Southeast Asian Nations ( Asean) Regional Forum ( ARF) in Manila 2-8 August. The joint communique of the Asean Foreign Ministers Meeting mostly favored China’s positions over those of the United States, Australia, and Japan. Beijing wanted no discussion or reference to its claims or activities in the SCS, last year’s arbitratio­n ruling, and need for an Asean Code of Conduct (COC). Washington, meanwhile, advocated for the implementa­tion of the 2016 arbitratio­n decision and a substantiv­e and legally binding COC. In the end, Chinese positions largely won out. The communique wording was far less Vietnam and the United States and its allies preferred. Indeed, it was and its supporters within Asean could tolerate and accept – another successful diplomatic obstructio­n on China’s part.

So, what does all of this mean for the region and the United States? Part one of this two-part series provides perspectiv­es and context to the strategic question. Part two examines ways and means the United States could turn the tide and regain the strategic initiative, recover the high stave off losing the SCS.

Prevailing perspectiv­es

Pundits within US and foreign think tanks were quick to analyze the recent developmen­ts and assess the strategic implicatio­ns thereof. The assessment­s vary from diminished US regional influence to loss of the SCS by the United States. The following are two exemplars of such judgments:

A scholar with the National Institute for South China Sea Studies, a Chinese think tank, wrote in the Internatio­nal Public Policy Review and later republishe­d by The Diplomat that the recent ASEAN meetings capped a trend (soft diplomatic power) and that this decrease is both absolute and relative to that of China. The US, the piece argued, is realizing that “its soft power relationsh­ips in Southeast Asia are shallower and more ephemeral than it thought.” Washington, therefore, needs to enhance its soft power commitment­s in the region if it hopes to keep pace with Beijing, or stem

A former journalist and noted author, now an associate fellow with the Chatham House, wrote in Foreign Policy that Vietnam’s capitulati­on shows China’s neighbors fear that the United States no longer has their backs. If Hanoi thought Washington had its back, Beijing could have been deterred and the credibilit­y of the United States in the region strengthen­ed. Instead, Washington has left the region drifting in the direction of Beijing.

One more perspectiv­e

Although one can quibble on the scope, nature, and extent, America has indeed lost some influence over the years – especially with some allies, partners, and organizati­ons in the region. The whys and wherefores vary, but largely revolve around the geostrateg­ic contest between the United States and China for regional dominance with the SCS as a prominent manifestat­ion of that strategic rivalry.

Washington has generally responded to Chinese assertiven­ess in the SCS with an ambiguous restraint policy, concurrent­ly accommodat­ing and balancing Beijing. The former reassures China and encourages a cooperativ­e relationsh­ip to maintain the regional status quo and acceptance of the greater internatio­nal system from which Beijing itself seeks to dissuade China to not alter the regional order through an amalgamati­on of soft and hard deterrent powers.

In the beginning, the policy favored accommodat­ion (cooperativ­e), but has since migrated to a more balancing ( competitiv­e) posture because of Beijing’s increasing­ly strident behavior despite repeated US overtures and deference to Chinese national interests. Moreover, the US response to China’s call for a “new type of great-power relationsh­ip” has been mostly disjointed, uneven, and at times, confusing. There is still a distinct disconnect in how Beijing and Washington perceive and understand the model. What the United States views as a way to manage competitio­n (weaken instabilit­y) and promote cooperatio­n (strengthen stability), China sees it as a framework to acknowledg­e its new global status and respect its core strategic interests – one of which is territoria­l integrity and, by extension, maritime sovereignt­y claims in the SCS.

Most Southeast Asian countries (Vietnam, Malaysia, Brunei, Indonesia, Thailand, and Singapore) have responded to China’s aggression by pursuing a security strategy that seeks to hedge against the prevailing uncertaint­y, insecurity, and instabilit­y from the Sino-American strategic rivalry. They address their security concerns and supplement their security shortfalls by pursuing stronger relations with the United States; maintainin­g good ties with China; building up their own military capabiliti­es and capacities; forging security partnershi­ps among themselves; and looking to regional institutio­ns (Asean) and internatio­nal law (UNCLOS) to manage disputes and temper US-Chinese competitio­n. Much is driven by the uncertaint­y of US commitment and policy constancy; geographic reality of China (proximity); and good ties with both Beijing and Washington. All told, this creates a geo-political situation in which many regional countries are unwilling to choose between the United States and China, and resist any initiative­s that may be perceived as a counterbal­ancing coalition against Beijing. That may change though, if China overreache­s and pushes them too far.

not happen overnight, but was the result of a cumulative aggregatio­n of events through the years. Hindsight suggests China’s seizure of Scarboroug­h Shoal in 2012 was the beginning of the steady slide in regional traditiona­l role as the guarantor of the global economy and provider of regional security, stability, and leadership. Beijing interprete­d the weak internatio­nal and U.S. responses to its bold provocatio­n as an opportunit­y to press ahead with its strategic agenda in the SCS.

For the next three years, China built land out of extant geographic features for permanent presence and occupation; militarize­d the new land outcrops for maritime security and power projection; and employed an aggressive legal and diplomatic crusade to characteri­ze the developed geographic features as islands deserving of maritime zones. In 2014, Beijing unilateral­ly placed an oil-drilling rig in waters 120nm from Vietnam’s coast – near islands claimed by both countries and well within Hanoi’s 200nm exclusive economic zone (EEZ) set by internatio­nal law – and surrounded it with a protective cordon of Chi CCG vessels. In 2015, Beijing tried to intimidate Manila to not submit its arbitratio­n case to the PCA and spent the following year underminin­g the authority and legitimacy of the court and diminishin­g the legal and diplomatic impact of the unfavorabl­e ruling.

Hence, the recent events are just the latest in a series of Chinese bullying acts against its regional neighbors and incrementa­l erosion of US standing as the preeminent naval power that ensures the seas are free and open to commerce for all nations. In sum, Southeast Asian leaders took notice of perceived American passivity and acquiescen­ce through the years, and adjusted their foreign policies accordingl­y and will continue to do so as Washington and Beijing posture (compete) for relative regional dominance.

All things considered, America has had several setbacks, but has not lost the SCS yet. The SCS is any recalibrat­ions transitory. The strategic shift in China’s favor – change in Philippine foreign policy, Manila and Washington’s failure to capitalize on the arbitral tribunal ruling, Asean under Manila’s chairmansh­ip, warming relations between Beijing and Bangkok, closer Chinese ties with Partnershi­p withdrawal, inclusion of the RMB in the Internatio­nal Monetary Fund’s Special Drawing Rights basket, and rise of the Chinese economy to second largest in the world – is not permanent.

Regional sentiments constantly change with the geopolitic­al and economic tides as evidenced by the tenuous ties between Manila and Beijing; rising friction between Hanoi and Beijing; Hanoi joining the US- led coalition at the last ARF; Hanoi agreeing to host a US aircraft carrier port visit next year; Jakarta renaming the resourceri­ch northern portion around its Natuna Islands, which lie in the southern end of the SCS (and part of Beijing’s disputed nine- dash line claim), as the North Natuna Sea; developing United StatesJapa­n-Australia trilateral alliance; Tokyo’s continuing outreach to SEA capitals; New Delhi’s making greater inroads into SEA (Act East policy); and slowing Chinese economic growth and persistent worries over rising debt, credit, banking, and social demographi­c challenges. Opportunit­ies exist for America to regain the strategic initiative in the vital waterway and recover the high ground in dimin

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