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 It
is well known culture is important and Chinese do not like
to lose face in public and can recoil if hurt. China has been
asserting ownership over islands in the South China Seas,
and showed its angst against India's attempts to co-operate
with Viet Nam, when in July, India's LST INS Airavat was warned
on radio, to keep off its seas whilst on passage off Viet
Nam. India has strategic interests and investments in Viet
Nam, has supplied military sparesfor Osa class boats and offered
submarine training to the Viet Nam Navy, and has ongoing exploring
contracts for energy needs of both countries in legitimate
blocks leased by Viet Nam to India's ONGC Videsh Ltd(OVL).
More recently OVL is set to explore in two more blocks 127
and 128 in in 110 Degrees East. Viet Nam has offered berthing
facilities in Nha Trang which is in Cam Ran Bay.
It
all began with former CNS telling us through an article 'What
Ship Where Bound' that India (ONGC) should be careful about
exploring in the South China Seas as he knew the area of block
127/128 was disputed and Viet Nam had made NO BOLD STATEMENT
to say India should go ahead. USA has spoken about freedom
of the seas, not exploration. India should be careful and
not become a pawn between China and USA.
While
addressing the Asia Society in New York on 20th September,
Philippine President Benigno Aquino III referred to the disputed
claims at stake by Brunei, Malaysia, the Philippines and Vietnam
to the oil and gas-rich Spratly islands and said, " It
is a perfect flashpoint scenario that could exacerbate if
the US and India were drawn into the dispute".
IDU
contacted the only officer in New Delhi who is HANDS ON on
UNCLOS 1982 having done a course in USA and deals with the
subject on a daily basis. He studied the matter and said it
was clear that if Block 127/128 which is 140 miles in Phukhanh
basin off the Viet Nam coast has Islands in the vicinity which
are habited by Chinese then China can claim 200 mile around
the islands and as it is also within 200 miles of Viet Nam
then Viet Nam also has a claim and median lines will have
to be drawn and so IT IS DISPUTED SEAS. China has deployed
five hospital ships in area to look after the inhabitants
on islands and feels its Chinese territory through history.
It is akin to the India Paksitan Sir Creek area and India
Bangla Desh Hariganga dispute. No one can drill in the vicinty.
 PM
Manmohan Singh and MEA knew all along and before PM went to
Bali that China and Vietnam have between Hu Jin Tao and Viet
Nam's Communist party Chief ten days ago on 12th Nov ago agreed
to six measures to resolve issues bilaterally and others with
ASEAN agreement to resolve and reduce tensions over their
disputed boundaries in the South China Sea. It was agreed
that a direct hot-line would be introduced between the two
capitals, and twice-yearly discussions would be held to address
grievances and resolve differences. The agreements, signed
in Beijing 12th November calls for the two sides to seek "basic
and long-term solutions for sea-related issues, in the spirit
of mutual respect, equal and mutually beneficial treatment."
At
Bali PM Wein Bao after PM Manmohan Singh's demarche speaking
mildly in the East Asia Summit told all assembled that out
side powers should keep out of the South China Sea. IDU was
sure China would get in to huddle and think what to do with
PM Manmohan Singh's move to threaten publically that India
would go ahead with exploration as it was a commercial issue.
This seems to have happened.
In
a surprise move on 21st Nov , a Chinese official spokesman
challenged India's right to prospect in the area, with words,
"As for oil and gas exploration activities, our consistent
position is that we are opposed to any country engaged in
oil and gas exploration and development activities in waters
under China's jurisdiction. We hope the foreign countries
do not get involved in South China sea dispute". It may
be recalled in 2009 a Chinese trawler collided with US Survey
Ship Impeccable to ward her off the area and USA protested,
but could do little more.
China
is now attempting to break India's hold in Maldives by opening
an Embassy just when PM Dr Manmohan Singh was present in the
country and China hopes to develop the islands of Ihavandhoo
and Maarandhoo in the Haa Alif Atoll and seek a lease on Marao
island for berthing. India will watch the progress.
The UN Convention for the Laws of the Seas UNCLOS 1982 allows
nations oceanic jurisdiction over an Exclusive Economic Zone
(EEZ) upto 200 nautical miles and around islands for fishing,
exploration and resources, which is at the heart of the matter.
Additionally, 12 miles around a coast is the nation's sovereign
territorial waters where warships have to intimate their intent
for 'innocent passages' and in some cases like Bangla Desh
get permission. India's Maritime Zones Act 1976 states, "Foreign
warships including submarines and other underwater vehicles
may enter or pass through the territorial waters after giving
prior notice to the Central Government". By convention
as international law evolves China and other claimants to
the South China seas are looking to enforce such intimation
for warships and legally control all economic activity such
as fishing, seabed mining, oil exploration etc up to 200nm.
Fights
over islands which give a nation EEZ is not new, and UNCLOS
defines an island where there is human habitation and/or economic
activity, otherwise it is a considered a rock with no EEZ.
Median lines define the limits of the nation and resolutions
of median lines is the challenge in the South China Seas too,
as it is for India with Pakistan over the Sir Creek and with
Bangla Desh around the disputed Talpatty(Purbasha in Bengali)
island, where India had landed a police party but the island
is sinking. No wonder, China and other nations in the region
are racing to set up habitations on uninhabited islands. Philippines
to ensure EEZ claims has named the area as the West Philippines
Sea. Surprisingly UK has a small 784 sq metre island, Rockall
North East 150 miles in to the Faroes which affords UK a large
EEZ and Denmark has staked claim. UK has decided to drop its
claims.
Wars
and skirmishes have been fought over disputes over island
territories and economic exploitation in the EEZ. Britain
fought the Argentineans over the Falklands and Iceland in
the Cod War. The Japanese claim the Kuriles from Russia, and
are in dispute over the uninhabited Senkaku(Diaoyu) islands
with China and Taiwan. The Chinese have staked claims over
the Paracel and Sprately Islands in the South China Seas,
and India will have to decide on a strategy to deal with China's
angst and over reach and play the right cards in the South
China Sea dispute but not become a pawn.
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