[RECAP] Beyond the Great Wall #13: China and Maritime Sovereignty

On Friday (26/02), Institute of International Studies UGM organized the 13th edition of Beyond the Great Wall Forum, titled “China and  Maritime Sovereignty”. The forum was held online via Zoom Meeting platform. In this event, BTGW invited Aristyo Rizka Darmawan, a professor and researcher for the Center for Sustainable Ocean Policy in the Faculty of Law of Universitas Indonesia. Aristyo’s presentation was titled “China’s New Coast Guard Law: Illegal and Escalatory”. This forum was moderated by Nur Rachmat Yuliantoro, a professor in the International Relations Department UGM.

Last February, the Chinese government has officially authorized China’s New Coast Guard Law. This legislation allows China’s Coast Guard (CCG) to mobilize all capabilities (including the use of force) against parties that are deemed to be interfering with China’s maritime sovereignty and jurisdiction. According to Aristyo’s presentation, this new legislation violates international law and would in fact, escalate tensions among bordering states. At the beginning of his presentation, Aristyo explained that the CCG has a long history in its development. Since 2013, the CCG Bureau was formed to unify China’s legal maritime entities, titled the “Five Dragons, ” including China Marine Surveillance, Chinese Coast Guard, Chinese Maritime Patrol, China Fisheries Law Enforcement Command, and General Administration of Customs. This effort is part of China’s grand ambition to sustain and protect its territorial integration, especially regarding China’s Nine-Dash Line claim that has provoked conflict with East Asian and Southeast Asian states.

Highlighting this issue from the jurisdiction and international law aspect, Aristyo stated that the CCG law is essentially illegal. The CCG law is highly problematic from the jurisdiction side because it would violate other states’ sovereignty, which is legally guaranteed under international law. In addition to that, China’s Nine-Dash line claim would make any territory under the claim illegal. The new law that would allow the CCG’s use of force against parties deemed to interfere in China’s jurisdiction and maritime sovereignty violates international law that forbids any activity in a disputed territory. Not only that, the new CCG law explicitly violates several international laws and treaties, namely the UNCLOS and the UN Charter. Through its new CCG law, China has violated international instruments that forbid states to employ their military capability in resolving maritime disputes.

Moreover, Aristyo explained the new CCG law’s escalation impact; it would increase tensions between China and its bordering countries. China’s Nine-Dash Line claim has pushed itself into being stuck in several maritime disputes with East Asian and Southeast Asian countries. So far, China shows no hesitation in employing coercive means and threatening these countries, even though there is an ongoing effort to negotiate a Code of Conduct (CoC). The new CCG bill’s authorisation will have sour implications towards the CoC negotiation process, sending a message that Beijing does not take the negotiations seriously. Tensions will escalate not only with states who are directly involved in this dispute, but also with the US—noting that the US also plays a role in this maritime territorial dispute.

At the end of his presentation, Aristyo stated that several international actors could take several actions in regards to China passing the new CCG Law. According to him, other claimant countries or countries concerned with the South China Sea dispute could have shown a more robust response. In this case, the response can be in the form of condemnation or pressure against China to quickly evoke or amend the law. In terms of Indonesia, Aristyo claimed that the Indonesian Ministry of Foreign Affairs had invited the Chinese Ambassador for talks, but the invitation was left unanswered. Aristyo suggested that it is time for Indonesia to send a diplomatic note to Beijing to show a concrete effort of Indonesia’s commitment to ensuring peace in the Southeast Asian region. Nevertheless, he also stresses that Indonesia must be prepared for all possibilities, especially because Indonesian maritime resources are far behind China’s.

Writer : Brigitta Kalina

Editor : Mariola Yansverio