Introduction
The assertiveness of China in the maritime areas in the Indo-Pacific, particularly in the East and South China Seas has caused various conflicts and has resulted in the instability in the region. It is possible to say that the current situation in the East Asian maritime areas is as a matter of common concern of the international community as a whole and it is necessary to consider how to ensure and enhance the order at sea in response to the current circumstances.
1. Maritime Security in the East and South China Seas
In order to consider the measures to be taken in response to China’s assertive activities, it is, first, necessary to take into account the changing scope of maritime security due to the new and evolving threat. While the term “maritime security” formerly signified only military or naval security, it is, now, inseparably connected with other factors, including economy, crimes, politics, and protection of the marine environment.
The United Nations Convention on the Law of the Sea (UNCLOS) sets out the rights and obligations of States to maintain and enhance maritime security depending on respective maritime areas, i.e. territorial sea, exclusive economic zone and the high seas. It also emphasizes the importance of the peaceful utilization of maritime areas, freedom of navigation, effective utilization of marine resources and protection of the marine environment. All those issues can be realized when maritime security is properly ensured. Moreover, in the arguments relating to the South and East China Seas, seriousness of conflicting claims for the sovereignty over many maritime features cannot be neglected as various coercive measures aiming at enhancing those claims have caused serious confrontation and destabilize the area.
2. Measures to Be Taken by Coastal States: Combination of Restrictive Approach of Coercive Measures and measures of Diplomacy
In the East and South China Seas, strategic combination of resort to law enforcement measures and diplomacy, including international adjudication, is expected to play an effective role.
Under the legal system prohibiting the threat and use of force and the change of the status quo by coercive measures under international law, law enforcement measures play a key role in the maintenance of maritime security without aggravating the situation. However, it is necessary to note that the distinction between military activities and law enforcement activities have become blurred. Under such circumstances, self-restraint of respective States plays a pivotal role and national legal rules clarifying the scope of respective competences are essential. In addition to national legislation, the officers engaging in actual operations are required to understand fully the scope of their competence. That knowledge may be effective in ensuring the conduct on the basis of self-restraint and respect of legal rules.
The mechanism for direct and regular communication at every level may also be useful to foster mutual trust and to prevent unexpected confrontation.
Diplomacy also plays a very important role under the current circumstances in the South China Sesa and the East China Sea. In this context, the States are under an obligation to pursue negotiations based on mutual respect for sovereignty and equality of States.
Compulsory dispute settlement mechanisms may constitute another possible and effective measure because calm and logical arguments in accordance with international law are required before international courts and tribunals. The legally binding nature of the judgment or award should also be particularly noted. In the South China Sea Arbitration, although China officially did not appear before the Tribunal and rejected the awards, it is said that China has fully taken into account the contents and effects of the arbitral award. The fact is decisive that the arbitral tribunal, with legitimate procedures under the UNCLOS, rendered the award, in which China’s claims based on the “nine-dash line” is contrary to the relevant provisions of the UNCLOS and that alleged wrongfulness of China’s activities were confirmed. These findings have afforded legal bases for the arguments subsequent to the award and have a significant impact on multilateral diplomacy.
In this context, the reference of disputes by Ukraine against Russia before the international Court of Justice and the Tribunals under Part XV of the UNCLOS should also be particularly noted as the proceedings before international court and tribunals as such are significant. It is also worthwhile being noted that Russia appears before the court and tribunals.
3. Maritime Security as the Common Interest of the International Community as a Whole and the Significance of International Cooperation
States other than coastal States may support the coastal States through their close concerns and cooperation in the process responding to the serious and imminent risks in the South and East China Seas.
In terms of military presence, the United States of America and Australia have contributed to the maritime security in the Pacific region, including the freedom of navigation programme in the South China Sea and the operation through the Taiwan Strait. The United Kingdom and the European Union and its members, particularly, France, Germany and the Netherlands, have recently started expressing their concerns about the Indo-Pacific region and have sent warships to the South China Sea and the Taiwan Strait. Their conduct includes the freedom of navigation operations. The intensification of the military presence of those States clearly signifies the growing concern about the situations in the South China Sea in the international community.
In addition to the military presence, the effects of multilateral diplomacy should also be noted. Many States have expressed their concerns about the situation relating to the South China Sea. The diplomatic practices of regional frameworks, such as QUAD (Japan, U.S.A., Australia, and India) and AUKUS (Australia, U.K. and U.S.A.) may lead to a meaningful political support to the coastal States in the South and East China Seas from the international community.
Concluding Remarks
As a conclusion, it is necessary to emphasize the importance of the rule of law in international relations.
The coastal States in the region are expected to take effective measures to maintain the maritime security in accordance with international legal rules. In addition to those efforts, the expression of deep concerns and significance of engagements of extra-regional States should be fully noticed. As the maritime security issues inseparably relate to the stability in and the sound utilization of the maritime areas, they are not restricted to the interest of the respective region but of the international community as a whole. Maritime security based on the rule of law is the key to the stability of the oceans.
G7 Foreign Ministers' Meeting was held in Canada. It is important for the G7 countries to show their solidarity in a very difficult international situation.
In the two documents released after the meeting, many references were made to the various issues of maritime security in East Asia.
For East Chaina Sea and south Chaina Sea, the Statement of the G7 Foreign Ministers’ Meeting in Charlevoix states that the G7 Foreign Ministers remain “seriously concerned by the situations in the East China Sea as well as the South China Sea and continue to oppose strongly unilateral attempts to change the status quo, in particular by force and coercion.” They also “expressed concern over the increasing use of dangerous maneuvers and water cannons against Philippines and Vietnamese vessels as well as efforts to restrict freedom of navigation and overflight through militarization and coercion in the South China Sea, in violation of international law. “
For the Taiwan Strait, Foreign Ministers “emphasized the importance of maintaining peace and stability across the Taiwan Strait” and “encouraged the peaceful resolution of cross-Strait issues and reiterated our opposition to any unilateral attempts to change the status quo by force or coercion.”
In the G7 Foreign Ministers’ Declaration on Maritime Security and Prosperity, the Foreign Ministers also “share a growing concern that undersea communications cables, subsea interconnectors and other critical undersea infrastructure have been subject to critical damage through sabotage, poor seamanship or irresponsible behaviour which have resulted in potential internet or energy disruption in affected regions, delays in global data transmission, or compromised sensitive communications.”
From March 21 to 24, Chinese Coast Guard vessels have continued to intrude into the Japanese territorial waters around the Senkaku Islands for 92 hours and 8 minutes. Finally, on March 24 Japanese Coast Guard patrol vessels chased them away from the Japanese territorial waters. This intrusion was the longest one since Japan nationalized the islands in 2012.
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東アジアの海洋安全保障の現状はどうなっているのか？平和・安全保障研究所（RIPS）は、隔週のニュースレター「東アジアの海洋安全保障（EAMS）」を発行し、東アジアや日本の領土に関連した海洋安全保障についての最新情報を発信しています。