Signs visible for Spratly solution<\/p>\n
By Eichi Furukawa<\/p>\n
JAKARTA (JP): The Spratly Islands issue is regularly mentioned
\nby the press. They are always described as "oil rich" and hence
\nthe six surrounding countries are wrangling for territorial
\nrights over the islands. China is describes as having
\nexpansionist ambitions and is seeking to establish its hegemony
\nin the South China Sea.<\/p>\n
According to Ryo Kambara, senior specialist of the Japan
\nInstitute of Energy Economics, however, all this is not true. He
\nsays that "there is no prospect of oil and natural gas resources
\nin the South China Sea". The islands consist of pinnacle coral
\nreefs which were exposed to a temperature of zero degree
\nFahrenheit at the surface. In order to transform organic
\nmaterials to oil and gas, a temperature of 150 degrees Fahrenheit
\nis required. Such transformation is only possible on a
\ncontinental shelf.<\/p>\n
Kambara says that the above view is common among geologists
\nand is supported by a report issued in 1972 by the Coordinating
\nCommittee of the Coastal and Offshore Geological Survey in East
\nand Southeast Asia from the United Nations Economic and Social
\nCommission for Asia and the Pacific based in Bangkok, and report
\nfrom American geological surveys.<\/p>\n
In view of this, the keen interests of the surrounding
\ncountries in the territorial rights over the Spratly Islands is
\nlikely to recede and the disputes over the islands may disappear.
\nThis view was presented by Kambara at an international conference
\nheld in Kuala Lumpur in June.<\/p>\n
In February 1992, China promulgated a territorial and adjacent
\nwater act declaring its territorial rights over all the areas of
\nthe Spratly Islands and their adjacent waters, including the
\nexclusive economic zone of 200 nautical miles from the rock
\nislands of the Spratlys. The declaration has been considered an
\nextravagant demand, showing that China has expansionist ambitions
\nin the South China Sea.<\/p>\n
However, according to China, the Spratly Islands were owned by
\nJapan before the end of World War II. Japan renounced its
\nterritorial rights over the islands in accordance with the San
\nFrancisco Peace Treaty of 1951. The islands were taken over by
\nthe government of the Republic of China (Taiwan) and was then
\nconsidered by the Beijing government as a part of its territory
\nin accordance with the One China policy which was recognized by
\nthe United States and Japan in 1972. If this is true, the
\ndeclaration may not be considered particularly outrageous.<\/p>\n
On the other hand, according to international law, the claim
\nof a country on territorial rights over areas can not be
\nrecognized by other countries or the international community at
\nlarge, unless the country in question establishes effective
\ncontrol by stationing government agents or military units in the
\nareas. China has not actually established effective control of
\nislands controlled by countries like Malaysia, Brunei, Indonesia
\nand the Philippines.<\/p>\n
Interestingly, China has not complained about or intervened in
\nthe control of those areas by other countries. China is
\nimplicitly recognizing the effective control of Malaysia, Brunei,
\nand the Philippines and even assured Ali Alatas, the foreign
\nminister of Indonesia, in July that China would respect Indonesia
\ncontrol of the Natuna Islands off of Kalimantan. These areas
\ninclude the continental shelves extending from the mainlands of
\nthose countries where production of oil and natural gas resources
\nare being undertaken. These are the Sabah and Sarawak of
\nMalaysia, Brunei and the Natuna Islands.<\/p>\n
These is no territorial dispute between China and Malaysia,
\nBrunei or Indonesia. Furthermore, there is no dispute among
\nVietnam, Malaysia, Indonesia and the Philippines over the
\noverlapping areas claimed by each country.<\/p>\n
Vietnam is now negotiating territorial questions with China,
\nwhich has suspended drilling on the continental shelf near the
\nSpratly Islands that extends from mainland Vietnam. The
\nconcession for drilling was awarded in 1992 to an American
\ncompany called Creston Energy Inc.<\/p>\n
In February, President Ramos of the Philippines announced that
\nthe Philippine army discovered several buildings on the Mischief
\nReef, which China claimed were for fishing activities. The rocks
\nare within an area claimed by both sides but are under the
\neffective control of neither party. Geographically, the rocks are
\nlocated near the Palawan Island of the Philippines (170 nautical
\nmiles from the island), but far from China. China constructed the
\nbuildings without consulting the Philippines, which discovered
\nthe buildings several months after their construction.<\/p>\n
The question is whether any one party can construct buildings
\nfor fishing activities unilaterally. Tension arose and the issue
\nhas become the focus of attention. However, at the end of the
\nsecond senior officials meeting between China and the
\nPhilippines, held in Manila on Aug. 10-11, the two sides agreed
\namong other things that the territorial disputes should not
\naffect the normal development of the relations between the two
\ncountries, that the disputes shall be settled in accordance with
\nthe recognized principles of international law, including the UN
\nConvention on the Law of the Sea, and that the talks should adopt
\na gradual and progressive process with a view to eventually
\nnegotiating a settlement of the territorial disputes.<\/p>\n
The agreement was based on the dispassionate assessment of the
\noverall factors surrounding the Spratly Islands issue. It was
\nsignificant since this was the first time that the surrounding
\ncountries concerned other than Vietnam agreed to hold bilateral
\nnegotiations on the Spratlys and that China agreed to hold
\nconsultations on the question with ASEAN.<\/p>\n
It is now much to be hoped that the Spratlys question, which
\nis considered as one of three destabilizing factors in East Asia,
\nwill be solved through talks between the countries concerned and
\namong the countries in East Asia.<\/p>\n
The writer is executive director at the Japan Center for
\nInternational Strategies, Tokyo.<\/p>",
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