The UNCLOS and the US-China Hegemonic Competition over the South China Sea

• Author: Kamrul Hossain
• Position: Senior Researcher at the Northern Institute for Environmental and Minority Law in the Arctic Centre of the University of Lapland, Finland
• Pages: 107-133

Sino-US Competition on the SCS 107

VI JEAIL 1 (2013)

Kamrul Hossain

∗

The South China Sea is a semi-enclosed sea with a complex set of territorial

claims by a number of Southeast Asian nations and China being the dominant

claimant country. The United States is not a party to such claims. However,

the US has great concerns pertaining to peace and stability of the region as

far as freedom of navigation in the SCS is concerned, which has significant

repercussions for its strategic interests. In addition to the utilization of the SCS

as an important international trade route, the US is also committed to protect

the interests of its allies in the region, as well as those of its companies involved

in offshore hydrocarbon activities. In the aftermath of the September 11 terrorist

attack, the dynamics of a new world order push the US to strengthen its presence

in the region in order to combat any security threats against its interests. This

article investigates China-US relations in the SCS and highlights the law of

the sea prescriptions that facilitate the understanding of the legal nature of the

tensions between China and the US.

Keywords

UNCLOS, South China Sea, US-China Conlict, U-shaped Line, Strategic

Partner, Security Interest

The UNCLOS and

the US-China Hegemonic

Competition over

the South China Sea

∗ Senior Researcher at the Northern Institute for Environmental and Minority Law in the Arctic Centre of the

University of Lapland, Finland. LL.B. (Dhaka), LL.M. (Helsinki/Aix-Marseille-III), LL.D. (Lapland). The author

may be contacted at: khossain@ulapland.fi / Address: PO Box 122, Arctic Centre, University of Lapland, Fin-96101

Rovaniemi, Finland.

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108 K. Hossain

I. Introduction

Geopolitical and maritime interests in and around the South China Sea (󼚬SCS󼚭)

have created a complex set of claims concerning rights, obligations and jurisdiction

over the sea. The potential for hydrocarbon resources, importance in maritime

     

well as strategic interests pertaining to balance of power, are the driving forces that

mark the significance of these dynamics. In particular, territorial claims over the

SCS are among the most contested ones in the whole world. By nature, the SCS is a

semi-enclosed sea rich in diverse living and non-living resources. It is located in the

south of China, bordering Vietnam and Malaysia in the west; Brunei, Malaysia, and

Indonesia in the south; the Philippines in the east; and Taiwan in the north. Six of



territorial claims and contestations over the SCS.

1

While geographically the US is not a part of these territorial disputes, it still has

significant maritime interests in the SCS in terms of both freedom of navigation

and security for maritime trade and transportation. For the US, the SCS, because

       

the south, also promotes strategic cooperation - both military and economic - with

the nations in the region. In addition, there are other elements directly linked to

US interests in the SCS. These include the protection of the interests of American

companies involved in hydrocarbon exploration and exploitation activities; the US

is strategically present in the region in order to pre-emptively combats any potential

security threats against its interests,

2

as well as those of its allies. These factors have

propelled the US to engage itself in the tensions surrounding the SCS disputes.

Primarily, therefore, the objective of this research is to investigate the on-going

competition between the two hegemonic powers—the US and China—over the SCS

within the limited context of the law of the sea. It is important to note that in the

SCS region, geopolitical dynamics, while motivated by numerous facts, are largely

1 J. Burgess, The Politics of the South China Sea: Territoriality and International Law, 34 SECURITY DIALOGUE 8 (2003).

This complexity is grounded on a number of reasons: First, because of the number of parties involved in the disputes

either directly or indirectly; second because of its geo-political and strategic importance; and third because of its

economic resource potential. See L. Bautista, Thinking Outside the Box: The South China Sea Issue and the United

Nations Convention on the Law of the Sea (Options, Limitations and Prospects), 81 PHILIPPINE L. J. 707 (2006).

2 After the September 11 attacks that destroyed the twin tower in the US, the dynamics of a new world order push

the US to strengthen its presence in the region in order to act pre-emptively to combat security threats. See “State

of Union” address delivered by the President Bush, Jan. 28, 2002, available at http://whitehouse.georgewbush.org/

news/2003/012803-SOTU.asp (last visited on Apr. 6, 2013).

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