What Can the South China Sea Learn from the Arctic?
The maritime region centered on the South China Sea has been a vital international trade route and reservoir of natural resources throughout modern history. Today, its importance cannot be understated: half the volume of global shipping transits the area, competition for energy and fishing rights is intensifying between surrounding nations (with growing populations), commercial interests are increasing, and regional military spending increases lead the world. Rivalry over resources and security has triggered disputes about sovereignty and historical rights. China has used its increasing relative power to aggressively claim sovereign rights over two-thirds of the South China Sea within the so called “Nine-Dash Line.” Overlapping claims by the Philippines, Vietnam, Malaysia, Brunei and Taiwan are being dismissed and have sometimes resulted in armed confrontations. Furthermore, the construction of artificial islands and significant military installations on reefs and rocks is underpinning Chinese sea control ambitions within the “First Island Chain.” This deteriorating security environment threatens regional stability, adherence to international law, and the freedom of the seas. Furthermore, it has the potential to escalate into conflict far beyond the levels of militarization and skirmishes between fishing fleets, coastguards and navies seen so far.
The U.S. has been deeply involved in the creation and management of the East-Asian state system since World War II, contributing to its economic progress and security arrangements, which include alliances with the Philippines, Japan and South Korea. Thus, the regional interests of the United States include freedom of navigation, unimpeded lawful commerce, relations with important partners and allies, peaceful resolution of disputes, and the recognition of maritime rights in conformity with international norms and law (with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) in particular). These principles are universally applicable and must be upheld every time and everywhere to be respected. Regional countries are now reconsidering the relevance and commitment of the balancing power of the U.S. in light of Beijing’s dismissal of American concerns and bilateral initiatives towards its smaller neighbors.
The Arctic region similarly holds the potential for great power rivalry, but in contrast offers a good example of peaceful settlement and compromise. The diminishing ice cap is causing a growing emphasis on resources, international waterways, and commercial activity in the Arctic, where there are also competing claims and great power security interests represented. However, the Arctic nations have chosen to cooperate with regards to responsible stewardship and use UNCLOS and supplementing treaties as the legal basis. The cooperative framework is constituted by the Arctic Council, the agreed adherence to international law and arbitration tribunals, bilateral and multilateral treaties, demilitarized zones, Incident at Sea agreements, joint fisheries commissions, as well as the power balance between Russia and the NATO alliance. As a result, although there is potential for competition and diverging national interests, mutually beneficial compromises and diplomatic solutions to maintain stability and predictability are preferred.
Arctic Dispute and Resolution
Currently there are overlapping claims from Russia and Denmark for the seabed under the North Pole (Lomonosov and Alpha-Mendeleyev Ridges) under consideration by the Commission on the Limits of the Continental Shelf, and Canada is preparing another competing claim. These claims can further be used as a basis for bilateral agreements on maritime delimitations. This was the case between Norway and Russia in 2010, and there are prospects of a similar agreement between Russia and Denmark. Such cooperative mechanisms, institutions and shared principles in the Arctic are far more robust than comparable efforts in the Southeast Asia, such as ASEAN or the “Declaration on the Conduct of Parties in the South China Sea.”
The Svalbard Treaty of 1920 set a standard for international governance, and was a bold and forward looking concept when introduced almost 100 years ago. The archipelago was discovered by Dutch explorers in 1596, and resources were since extracted by Holland, England, Russia, and Scandinavians. Eventually, the major powers voluntarily conceded sovereignty over the islands to the young Norwegian state through a commission related to the Paris Peace Conference after World War I. The Treaty allows visa-free access for citizens of signatory states, equal rights to extract natural resources, freedom to conduct scientific activities, ensures environmental protection, and prohibits permanent military installations. This agreement exemplifies the feasibility of imposing restrictions on sovereign authority, the accommodation of the interests of the parties, and adherence to non-discrimination principles.
Episodes of Confrontation