Man-Made Islands and Maritime Tensions: Upholding UNCLOS in the South China Sea
Source: SkySat, Wikimedia Commons
Introduction:
The South China Sea serves as one of the most important maritime trade routes in the world. $3.4 trillion of the world's $16 trillion worth of maritime shipping passed through the South China Sea in 2016 – a whopping 21% – and the Western Central Pacific accounted for 14% of world's commercial fishing in 2010. The South China Sea Islands are composed of several archipelago clusters subject to competing claims of sovereignty by several countries, mainly by the People’s Republic of China, Vietnam, the Philippines and the Republic of China (Taiwan), with Malaysia, Brunei and Indonesia also laying claim to some.
The Special Political and Decolonization Committee (SPECPOL) is one of six main committees of the United Nations General Assembly. It deals with a diverse set of political issues, including UN peacekeeping and peaceful uses of outer space. The Committee has been a vital body in addressing the issue of territorial disputes in the region, focusing on peaceful resolutions.
Background and Historical Context:
The nine-dash line, also referred to as the eleven-dash line by Taiwan, is a set of line segments on various maps that accompany the claims made by mainland China and Taiwan in the South China Sea. Its first mention dates back to a 1947 published map by the Republic of China and still serves as the basis for claims made by the PRC and ROC. The boundary claims stretch in a U-shape along the coast of Vietnam down to Malaysia and Brunei and up past the Philippines claiming a vast territory of the South China Sea. They largely rely on the Chinese claim of the Paracel Islands, the Spratly Islands, the Pratas Island and the Vereker Banks, the Macclesfield Bank, and the Scarborough Shoal.
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) defined the rights and responsibilities of nations in their use of the world’s oceans, including issues of territorial boundaries, navigation, resource management, and environmental protection. The convention divided the surrounding waters off the coast of a nation into five maritime zones ranging from Territorial Seas of 12 nautical miles, in which a state has full sovereignty, to High Seas of 200 miles and beyond, where no state has jurisdiction over. Exclusive Economic Zones (EEZs) extend up to 200 nautical miles, where states have sovereign rights over natural resources, including fishing, oil, and gas. This convention serves as the primary legal framework governing maritime claims and disputes.
The PRC has taken advantage of the convention by building artificial islands in the region, furthering their historical claims according to the nine-dash line. In 2016 the Permanent Court of Arbitration (PCA) ruled that man-made islands do not generate EEZs and that it does not recognize China’s claims, a ruling that mainland China does not accept.
The United States and other naval powers have been conducting continued Freedom of Navigation Operations (FONOPs) to challenge China’s claims, leading to increased military tension in the region.
Current Situation & Challenges:
Since the PCA’s ruling in 2016, the situation has come to a standstill. Despite being a signatory of UNCLOS, the PRC continues to expand its control in the region and rejects any challenges to its historic claims. On August 28, 2023, the Ministry of Natural Resources of China issued the 2023 edition of its “Standard Map.” On this map, in addition to the previously drawn “nine-dash line” in the South China Sea, a new dash had been added to even encompass Taiwan, thus creating a “ten-dash line."
Another great concern are the environmental effects of these man-made islands on coral reefs and fish populations in the region. This has had a strong impact on the regional fishing industry and thus on the economic stability of adjacent countries.
Key Issues to Address in Debate:
Bear in mind that unlike the Security Council, SPECPOL can not impose sanctions nor act as a court of arbitration. Try to focus in diplomatic means to find a solution to the problem, here are some guidelines for key issues to address:
Increased UN-backed mediation efforts
Special envoys or a UN-backed summit
Propose dispute resolution in regional arbitration courts
Propose sanctions by the UN Security Council
Encourage ASEAN-lead initiatives such as joint maritime patrols and economic partnerships
Ensure environmental protection through UN monitoring missions
Recommend a moratorium on further land reclamation in disputed waters
Block positions:
Block positions are mainly divided in to the following four groups:
China: Maintains sovereignty claims, rejects UNCLOS ruling, continues military expansion.
Philippines, Vietnam, Malaysia, Brunei: Reject China’s claims, seek UN support.
United States & Western Allies: Support UNCLOS ruling, emphasize freedom of navigation.
ASEAN Nations: Mixed positions, divided on how strongly to challenge China.
Conclusion:
The South China Sea dispute remains a critical geopolitical challenge, with competing territorial claims, increasing militarization, and violations of international law. Despite the 2016 PCA ruling under UNCLOS, enforcement remains weak, and tensions persist. In a SPECPOL setting, the focus should be on diplomatic solutions, enhancing UNCLOS compliance, preventing further militarization, and ensuring regional stability. The committee must explore practical mechanisms for dispute resolution while balancing state sovereignty and international law. Delegates should work toward a solution that upholds peace, security, and the rule of law while preventing escalation in one of the world’s most contested waterways.
Key Questions when researching your country’s position:
What is your country’s stance on the South China Sea dispute?
Does your country have territorial claims in the region?
How does your country view UNCLOS and the 2016 PCA ruling?
Does your country support diplomatic negotiations or military presence in the region?
Is your country economically or militarily aligned with China, the U.S., or ASEAN states?
How does your country’s economy rely on South China Sea trade routes?
Has your country taken a public position on artificial islands or freedom of navigation?
Would your country support UN-led mediation or enforcement measures?
Questions a resolution should answer:
How can UNCLOS be better enforced to prevent further illegal territorial claims?
What diplomatic mechanisms can be established to reduce tensions and prevent conflict?
Should the UN play a greater role in facilitating negotiations between claimant states?
How can the international community address the militarization of the region?
What actions should be taken against countries violating international law?
How can the environmental damage from artificial island construction be mitigated?
Should there be a UN-backed monitoring or arbitration system for disputes in the region?
What role should ASEAN and regional actors play in resolving the conflict?
Country suggestions:
China
Philippines
Vietnam
Malaysia
Brunei
Taiwan (observer)
Indonesia
United States
Russia
Japan
Australia
Further ASEAN member states
