China has long sought to convince the world that it is a responsible, co-operative member of the international community. In many ways, it has been. Western powers justifiably criticize Beijing for its repressive measures and human rights abuses at home, but on the world stage, while it has not always been an ally of the West, it has generally moved with caution and care.
In recent years, however, and in one littoral area in particular, that has been changing. China claims much of the South China Sea comes under its jurisdiction. This includes an enormous swath of open water well outside its internationally recognized exclusive economic zone, which extends from its coastline. Chinese forces have been building artificial islands, typically by dredging around existing rocks and shoals, and turning them into powerful military outposts, to enhance the country’s claim to the region, which it maintains is justified by centuries-old interests. It insists on its exclusive economic rights to all the resources for hundreds of kilometres around those islands. The problem is that other powers, including other countries bordering the disputed waters, refuse to accept its claims, including the United States and several regional powers that feel its claims infringe on their own maritime rights.
China was told it had no legal case and its actions had violated the sovereignty of the Philippines
One of those countries is the Philippines, which took China to court over the matter. The Permanent Court of Arbitration, a United Nations-backed international tribunal based in the Netherlands, considered the case, and this week ruled against China. The Philippines government was particularly alarmed after China claimed a reef just a few hundred kilometres off the Philippine coast, citing “historic rights.” The tribunal dismissed China’s claims entirely, saying it had failed to demonstrate any real historical ownership of the disrupted territory. It further noted that international territorial and boundary laws do not recognize historical rights as grounds upon which to reverse a sovereign state’s claim to legitimate economic exclusion zones off its coastal areas.
In plain language, China was told it had no legal case and its actions had violated the sovereignty of the Philippines. The court further noted that Chinese island-building activity had severely damaged local maritime habitats and disrupted legitimate commercial activities by other nations.
Beijing’s communists have not responded well to the ruling. Government officials and media outlets close to the state have either dismissed it or reacted with outrage. No doubt some of the outcry is intended for domestic consumption, as authorities have repeatedly stated publicly that they would stand by their claims. But China’s neighbours cannot afford to assume it will tell the public one thing while nonetheless becoming more co-operative abroad.
The tribunal ruling, though a victory for the Philippines, is not enforceable
Beijing may well have no intention of honouring the ruling, and has warned it may establish an air defence identification zone over the entire area. That would essentially mean it reserved the right to intercept, and possibly fire upon, any aircraft entering the contested region. It would be a hugely provocative and destabilizing step, but not one without precedent — Beijing has previously declared extraterritorial waters to be covered by its air defence zone, a move the U.S. has deliberately ignored by sending in warplanes on “patrols” and “manoeuvres.”
The tribunal ruling, though a victory for the Philippines, is not enforceable. There is no global police force that can impose the will of the UN on China’s navy, coast guard and warplanes. That job will fall to the United States and its regional allies. The U.S. has already sent its planes and ships into the areas claimed by China, in “freedom of navigation” exercises. It should continue to do this, especially now that it has the full backing of international law. Canada can contribute to these exercises to the limited extent of its capabilities. More broadly, Ottawa should take full account of China’s behaviour in future dealings with Beijing, and when replacing Canada’s limited naval fleet with newer vessels.
Fundamentally, the only country that can improve China’s behaviour is China. It can continue to lay claim to territory well beyond its internationally recognized economic zone, alienating and provoking its neighbours in the process, or it can abide by the same international maritime conventions that apply to other countries. It cannot do both. Canada and its allies can apply considerable diplomatic pressure to ensure Beijing understands that if it wishes to be treated as a responsible global power, it must act like one. And here is an excellent place for it to start.
National Post
Matt Gurney is the editor of, and a columnist for, the National Post Comment section. He hosts National Post Radio every weekday morning on SiriusXM’s Canada Talks, channel 167.
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