REPUBLIC OF INDONESIA DEFENSE UNIVERSITY

CONTEMPORARY INTERNATIONAL RELATIONS

Lecturer:
DR. ALMUCHALIF SURYO, DIPL., S.I.P, M.A.

SOUTH CHINA SEA CONFLICT REVIEWED FROM

THE INTERNATIONAL ORDER PERSPECTIVE

By:
SUSPADA SISWOPUTRO
NIM. 120230101007

MASTER PROGRAM
FACULTY OF DEFENSE STRATEGY

JAKARTA, JUNE 2024

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INTRODUCTION

From the perspective of international order, the South China Sea (SCS) dispute
can reveal a complex interplay of conflicting visions of how the world should be
governed. At the heart of the conflict is the rivalry between China’s ambition to shape
regional order according to their own norms and the United States’ commitment to
upholding the post-World War II order, namely the “liberal international order”. This rule
emphasizes the importance of international law and norms in regulating the behavior of
states around the world (International Crisis Group, 2021).
China's increasing capacity and determination to protect their interests has worried
neighboring countries and prompted the US to take a concrete action. So this conflict
escalated into a rivalry between China and the United States (International Crisis Group,
2021). This conflict is currently increasingly leading to a sovereignty dispute between
several countries around SCS, which seems difficult to resolve.
As an internationally recognized legal basis, namely United Nations Convention on
the Law of the Sea (UNCLOS) in 1982, which defines the jurisdictional boundaries of
coastal states, including archipelagic waters, territorial sea, exclusive economic zone
(EEZ), and continental shelf. The convention also regulates freedom of navigation on
the high seas and environmental principles relating to the protection and preservation
of marine life. With the adoption of UNCLOS, every country has a clear legal framework
in managing and utilizing marine resources sustainably, as well as resolving disputes
relating to marine areas through dispute resolution mechanisms regulated in this
convention (Auli, 2022).

ANALYSIS

The main highlight from the perspective of international order is that China is trying
to justify their claim as the authority to set norms in the SCS through several complex
strategies involving the application and reinterpretation of international law.
China uses the controversial Nine-Dash Line to claim areas in the SCS as part of
their territory. The history of the nine-dash line can be traced back to 1947 during the
leadership of Chiang Kai Shek. This claim is based on the idea of “historic waters”,
which China believes they have historically controlled. However, this concept has no
clear basis in international law and has been rejected by the International Court of
Arbitration in the Philippines versus China case (Simanjuntak, 2020). Next, China made

REPUBLIC OF INDONESIA DEFENSE UNIVERSITY

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another claim, namely the 10 Dash Line which was first published in late August 2023
by the Ministry of Natural Resources of China in an official map depicting the geographic
area claimed by the People's Republic of China. This is a change from the previous
standard, the Nine-Dash Line, with the addition line that officially includes the island of
Taiwan into the core area of China claim (Clayman, 2023). There are several
implications of China's unilateral claim implementation, including:
1. China asserts that they have the same rights as an archipelagic country. This
includes treating the waters between islands as internal waters, similar to rivers or
lakes within a country, thereby restricting the rights of other countries to traverse
these waters without permission. Despite being a continental country, China has
drawn a straight baseline around the Paracel Islands to claim these waters as
China internal territory. This approach is expected to be extended to the Spratly
Islands once which has strong military base (Mastro, 2021).
2. China claims a territorial sea 12 nautical miles from the Paracel baselines, not from
individual islands, and from many features in the Spratly Islands to which China is
not entitled under international law. China interprets the territorial sea as the space
within which it has the exclusive right to make, apply, and enforce their own laws
without foreign interference (Mastro, 2021).
3. China has expanded their EEZ claims to 200 nautical miles from their territorial
waters and asserted the right to conduct military activities in this area, which is
contrary to the principle of freedom of navigation, which is recognized as a
universal practice in international law (Mastro, 2021).
China feels entitled to take the lead in setting norms in the SCS, arguing that this
role is consistent with their national security needs and their position as a global power.
China’s position is at odds with the US and their allies. The US, along with other Western
countries, has urged China to obey the international law, especially UNCLOS (Vuković,
S., & Fechner, 2023). The use of military deployment in the SCS to protect China
national interests is in line with Clausewitz's classical theory of war, which states that
the use of military forces is merely a political instrument to realize a national interests
(Clausewitz & Supriyatno, 2016). However for Indonesia, the escalation of the conflict
between the US and China has the potential to become a large-scale conventional war
that will cause Indonesia to be trapped in an access war and a spillover war (Risman,
2023).

REPUBLIC OF INDONESIA DEFENSE UNIVERSITY

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CONCLUSION

The SCS dispute from the perspective of international order highlights the conflict
between two interests, namely: China's vision of a regional leadership role and the US
commitment to maintaining a rules-based international system. The dispute in the SCS
is not just about territorial claims, but also about the principles that govern international
relations. China's actions in the region have raised concerns about a potential shift from
the established international order to a more competitive and unpredictable order.
Dialogue and negotiation should be emphasized as the primary means to reduce
tensions and prevent escalation. These efforts include harmonizing maritime claims
using UNCLOS, accelerating negotiations on a substantive and legally binding Code of
Conduct, and promoting cooperation on issues of common interest such as marine
resource management, fisheries, and scientific research.
The resolution of the SCS conflict has significant implications for the future of
international law in terms of maintaining peace and stability in this region.

REFERENCES

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