SOUTH CHINA SEA DISPUTE

China and Taiwan (and four other Southeast Asian nations) are claimants in the South China Sea. China and Taiwan, in fact, have overlapping claims there. The U-shaped line delineating their claims appears on both Chinese and Taiwanese maps. Neither China nor Taiwan however have explained the line, specifically whether or not the line includes claims to the expanse of water, the land features, or the maritime zones made from them in accordance with the 1982 United Nations Convention on the Law of the Sea (UNCLOS). China asserts that China and Taiwan should cooperate to safeguard their claims there, whereas Taiwan contends there is no room for cross-strait cooperation on the territorial dispute in the South China Sea.

Background on the South China Sea Territorial Dispute

Coming soon.

Implications for the Cross-Strait Relationship

Coming soon.

South China Sea Maps

The Nine-Dash Line

Example submitted by the PRC to the UN Commission on the Limits of the Continental Shelf (2009)

Source: Wikimedia Commons

EEZs Overlapping Zone Enclosed By Map of Nine-Dash Line

Source: UNCLOS and CIA

Spratly Island Dispute

Source: US government; Reuters

Declaration on the Conduct of Parties in the South China Sea (2002) (Full Text)

Source: Association of Southeast Asian Nations (ASEAN)

The Governments of the Member States of ASEAN and the Government of the People’s Republic of China,

REAFFIRMING their determination to consolidate and develop the friendship and cooperation existing between their people and governments with the view to promoting a 21st century-oriented partnership of good neighbourliness and mutual trust;

COGNIZANT of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region;

COMMITTED to enhancing the principles and objectives of the 1997 Joint Statement of the Meeting of the Heads of State/Government of the Member States of ASEAN and President of the People’s Republic of China;

DESIRING to enhance favourable conditions for a peaceful and durable solution of differences and disputes among countries concerned;

HEREBY DECLARE the following:

1. The Parties reaffirm their commitment to the purposes and principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles of international law which shall serve as the basic norms governing state-to-state relations;

2. The Parties are committed to exploring ways for building trust and confidence in accordance with the above-mentioned principles and on the basis of equality and mutual respect;

3. The Parties reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;

4. The Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;

5. The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.

Pending the peaceful settlement of territorial and jurisdictional disputes, the Parties concerned undertake to intensify efforts to seek ways, in the spirit of cooperation and understanding, to build trust and confidence between and among them, including:

a. holding dialogues and exchange of views as appropriate between their defense and military officials;

b. ensuring just and humane treatment of all persons who are either in danger or in distress;

c. notifying, on a voluntary basis, other Parties concerned of any impending joint/combined military exercise; and

d. exchanging, on a voluntary basis, relevant information.

6. Pending a comprehensive and durable settlement of the disputes, the Parties concerned may explore or undertake cooperative activities. These may include the following:

a. marine environmental protection;
b. marine scientific research;
c. safety of navigation and communication at sea;
d. search and rescue operation; and
e. combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms.

The modalities, scope and locations, in respect of bilateral and multilateral cooperation should be agreed upon by the Parties concerned prior to their actual implementation.

7. The Parties concerned stand ready to continue their consultations and dialogues concerning relevant issues, through modalities to be agreed by them, including regular consultations on the observance of this Declaration, for the purpose of promoting good neighbourliness and transparency, establishing harmony, mutual understanding and cooperation, and facilitating peaceful resolution of disputes among them;

8. The Parties undertake to respect the provisions of this Declaration and take actions consistent therewith;

9. The Parties encourage other countries to respect the principles contained in this Declaration;

10. The Parties concerned reaffirm that the adoption of a code of conduct in the South China Sea would further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective.

Done on the Fourth Day of November in the Year Two Thousand and Two in Phnom Penh, the Kingdom of Cambodia.

Additional Official Documents on the Conduct of Parties in the South China Sea

2016 Joint Statement of the Foreign Ministers of ASEAN Member States and China on the Full and Effective Implementation of the Declaration on the Conduct of Parties in the South China Sea

2012 Joint Statement of the 15th ASEAN-China Summit on the 10th Anniversary of the Declaration on the Conduct of Parties in the South China Sea

2011 Guidelines for the Implementation of the DOC

2011 China-Vietnam Agreement on Basic Principles Guiding Settlement of Sea Issues

Permanent Court of Arbitration

Permanent Court of Arbitration: In The Matter of the South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China) (2016) (Award)

Permanent Court of Arbitration: The South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China) (2013) (Instituted arbitral proceedings)

People's Republic of China (PRC)

Indisputable Sovereignty

China has indisputable sovereignty over the South China Sea Islands (the Dongsha Islands, the Xisha Islands, the Zhongsha Islands and the Nansha Islands) and the adjacent waters. Chinese activities in the South China Sea date back to over 2,000 years ago. China was the first country to discover, name, explore and exploit the resources of the South China Sea Islands and the first to continuously exercise sovereign powers over them.

Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines

The activities of the Chinese people in the South China Sea date back to over 2,000 years ago. China is the first to have discovered, named, and explored and exploited Nanhai Zhudao and relevant waters, and the first to have exercised sovereignty and jurisdiction over them continuously, peacefully and effectively, thus establishing territorial sovereignty and relevant rights and interests in the South China Sea.

Statement of the Government of the People's Republic of China on China's Territorial Sovereignty and Maritime Rights and Interests in the South China Sea

July 12, 2016

Position Papers

2016

China Adheres to the Position of Settling Through Negotiation the Relevant Disputes Between China and the Philippines in the South China Sea

Statement of the Government of the People's Republic of China on China's Territorial Sovereignty and Maritime Rights and Interests in the South China Sea

Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines

Statement of the Ministry of Foreign Affairs of the People's Republic of China on Settling Disputes Between China and the Philippines in the South China Sea Through Bilateral Negotiation

Mainland urges Taiwan to safeguard Diaoyu Islands, South China Sea

2014

Ministry of Foreign Affairs of the People's Republic of China Is Authorized to Release the Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines

Summary of the Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines

Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines

End of the Second World War

Following the end of the Second World War, China recovered and resumed the exercise of sovereignty over Nanhai Zhudao which had been illegally occupied by Japan during its war of aggression against China.

Full text of Chinese government statement on China’s territorial sovereignty and maritime rights and interests in the South China Sea
July 12, 2016

Policy and Law

2017

Defense Ministry's regular press conference (March 30)

2016

Joint Statement of the People's Republic of China and the Republic of the Philippines (2016-10-21)

Guidelines for Hotline Communications Among Senior Officials of the Ministries of Foreign Affairs of ASEAN Member States and China in Response to Maritime Emergencies in the Implementation of the Declaration on the Conduct of Parties in the South China Sea (2016-09-08)

Joint Statement on the Application of the Code for Unplanned Encounters at Sea in the South China Sea (2016-09-08)

Joint Statement of the Foreign Ministers of ASEAN Member States and China on the Full and Effective Implementation of the Declaration on the Conduct of Parties in the South China Sea(2016-07-25)

The Declaration of the People's Republic of China and the Russian Federation on the Promotion of International Law(2016-06-26)

Joint Communiqué of the 14th Meeting of the Foreign Ministers of the Russian Federation,the Republic of India and the People's Republic of China(2016-04-19)

2015

2013

Joint Statement Between the People's Republic of China and Brunei Darussalam(2013-04-06)

2008

China-Viet Nam Joint Statement(2008-10-25)

2005

China and the Philippines Issue a Joint Statement(2005-04-28)

2004

Plan of Action to Implement the Joint Declaration on ASEAN-China Strategic Partnership for Peace and Prosperity(2004-12-21)

China and Vietnam Issues a Joint Communiqué(2004-10-08)

Joint Communiqué Between the People's Republic of China and Brunei Darussalam(2004-09-22)

Joint Press Statement Of the Government of the People's Republic of China and the Government of the Republic of the Philippines(2004-09-03)

2002

Joint Declaration of ASEAN and China On Cooperation in the Field of Non-traditional Security Issues(2002-11-04)

2000

Joint Statement on All-round Cooperation in the New Century Between the People's Republic of China and the Socialist Republic of Viet Nam(2000-12-26)

Remarks, Statements, & Interviews

2017

2016

2015

2014

South China Sea Arbitration

The South China Sea arbitration has been a political farce all along, staged under the cover of law and driven by a hidden agenda. Certain countries outside the region have attempted to deny China's sovereign rights and interests in the South China Sea through the arbitration. They have even brought other countries into the scheme to isolate and discredit China in the international community with a view to holding back China's peaceful development. But such attempts are futile, to say the least, and in so doing, they are only lifting a stone to drop it on their own feet.

Chinese State Councilor's interview on so-called award by arbitral tribunal for South China Sea arbitration
July 15, 2016
Chinese State Councilor Yang Jiechi

China-Taiwan

2016

Mainland urges Taiwan to safeguard Diaoyu Islands, South China Sea (September 28, 2016)

Backgrounder

2016

Backgrounder: Archaeological findings, facts prove Chinese people owner ofSouth China Seaislands

Backgrounder:South China Seaislands first discovered, named by Chinese people

Backgrounder: China's stance on South China Sea issue

Backgrounder: Recent U.S. provocations in South China Sea

PRC Ministry of Foreign Affairs

China's position on the issue of the South China Sea has been clear and consistent. We are firm in upholding our territorial sovereignty and maritime rights and interests in the South China Sea. We are committed to a peaceful settlement of relevant disputes through negotiation and consultation with countries directly concerned, including the Philippines and to working with ASEAN countries to preserve peace and stability of the South China Sea. China has maintained close and effective communication with the Philippines on relevant issues. We hope that the Philippines can work with us to continue to properly handle differences and create favorable atmosphere for the sound and steady growth of bilateral relations.

Foreign Ministry Spokesperson Hua Chunying's Regular Press Conference on April 10, 2017

Republic of China (ROC Taiwan)

Office of the President

2017

2016

President Tsai attends exhibition commemorating 70th anniversary of recovery of South China Sea Islands

President Tsai attends opening ceremony of 2016 International Symposium on The South China Sea Dispute and Asian Pacific Peace and Security

ROC government position on the South China Sea arbitration

President Ma's remarks at International Conference on South China Sea Disputes and International Law

President Ma convenes international press conference after visiting Taiping Island in South China Sea

Remarks by President Ma on Taiping Island

President Ma's remarks at opening of International Symposium on Oceanic and Atmospheric Research in the South China Sea

2015

President Ma's article titled "A Plan for Peace in the South China Sea" appears in Wall Street Journal

2003

Vice President Lu Presides over a Seminar on How to Safeguard Taiwan's Maritime Sovereignty

1997

President Lee Addresses the First Conference of the Asia-Pacific Security Forum

South China Sea Islands

I once again reiterate that the government will staunchly safeguard our country's territorial sovereignty in the South China Sea, and insists upon all legal rights over the relevant waters in accordance with international law and the law of the sea. We will relinquish neither our sovereignty nor the rights that are ours by law.

President Tsai Ing-wen
President Tsai attends exhibition commemorating 70th anniversary of recovery of South China Sea Islands
Office of the President
December 9, 2016

Ministry of Foreign Affairs

2016

ROC marks 70th anniversary of recovery of South China Sea Islands

ROC carries out South China Sea rescue exercise

ROC position on the South China Sea Arbitration

ROC reiterates position on South China Sea arbitration between Philippines, mainland China

International scholars visit Taiping Island

Position Paper on ROC South China Sea Policy

President Ma addresses members of news media on their return from Taiping Island

President Ma's remarks at international press conference regarding Taiping Island in Nansha Islands

MOFA organizes first visit to Taiping Island by local and foreign media

Remarks by President Ma on Taiping Island

Taiping Island is an island, not a rock, and the ROC possesses full rights associated with an exclusive economic zone and continental shelf in accordance with UNCLOS

2015

ROC Minister of the Interior Chen Wei-zen presides over a ceremony marking the opening of a wharf and lighthouse on Taiping Island

ROC Minister of the Interior Chen Wei-zen presides over a ceremony marking the opening of a wharf and lighthouse on Taiping Island, demonstrating the ROC’s commitment to making Taiping Island a peaceful and low-carbon island, as well as an ecological reserve, in accordance with the spirit of the South China Sea Peace Initiative

Taiwan and the Philippines sign agreement on law enforcement cooperation in fisheries matters

President Ma proposes South China Sea Peace Initiative

Statement on the South China Sea

ROC government reiterates its position on South China Sea issues

2014

2012

The government of the Republic of China (Taiwan) reiterates its claim to sovereignty over the South China Sea and refuses to accept any unilateral action taken by other concerned parties

The Ministry of Foreign Affairs of the Republic of China (Taiwan) reiterates its absolute sovereignty over Taiping Island

2002

Statement of the Ministry of Foreign Affairs concerning the Declaration on the Conduct of Parties in the South China Sea signed by the Association of Southeast Asian Nations (ASEAN) and the People`s Republic of China (PRC) in Cambodia on November 4, 2002

South China Sea: Sustainable Governance, Enduring Peace

The South China Sea Islands are part of the territory of the Republic of China. That the ROC is entitled to all rights over the South China Sea Islands and their relevant waters in accordance with international law and the law of the sea is beyond dispute.

Sustainable Governance and Enduring Peace in the South China Sea
Ministry of Foreign Affairs ROC (Taiwan)

SOUTH CHINA SEA TERRITORIAL DISPUTE

​​SOUTH CHINA SEA DISPUTE

Background on the South China Sea Territorial Dispute

Implications for the Cross-Strait Relationship

South China Sea Maps

The Nine-Dash Line

EEZs Overlapping Zone Enclosed By Map of Nine-Dash Line

Spratly Island Dispute

Declaration on the Conduct of Parties in the South China Sea (2002) (Full Text)

Additional Official Documents on the Conduct of Parties in the South China Sea

Permanent Court of Arbitration

People's Republic of China (PRC)

Position Papers

Policy and Law

Remarks, Statements, & Interviews

China-Taiwan

Backgrounder

Republic of China (ROC Taiwan)

Office of the President

Ministry of Foreign Affairs

Position Papers

SOUTH CHINA SEA DISPUTE