Why Beijing is in such A HURRY to grab the China Sea

Since the Philippines filed for arbitration in January 2013, China has been beefing up reefs in our country’s exclusive economic zone. This seems to be a new and different ball game. Yes, China has ceaselessly needled the Philippines with acts of provocation. It has sent a fleet of fishing boats accompanied by armed patrol vessels to Ayungin Shoal, which lies 196 kilometres from Palawan, the Philippine’s largest province. Earlier, it harassed Philippine fishing boats at Panatag (Scarborough) Shoal. Just this week, Chinese fighter-jets flew over the channel between Taiwan and the Philippines and conducted drills in the Pacific Ocean. It was the latest periodic show of force – a reminder, in case anyone forgets, who’s the real big-shot in the neighbourhood.

But the recent Chinese reclamation activities are more than just a provocation. They aim to transform the status quo so that China has an even stronger bargaining position when the international tribunal delivers its judgement. That is why the Philippine Foreign Affairs Department has filed a prompt and firm diplomatic protest each time another Chinese reclamation is spotted in the disputed waters.

The Philippines has protested China’s reclamation on Mabini Reef, and even brought up the matter during the May 2014 Asean summit. What were once a submerged reef and sandbar have been transformed into a 30-hectare landmass. China claims it is merely “renovating the living facilities for troops stationed in the reef”, yet the status of the reef is yet to be decided upon by the international tribunal.

Apart from Mabini Reef, China has undertaken “earthmoving activities” on Gavin, Calderon and Kagitingan reefs. The latter has given rise to an artificial island 3km long and 200-300 metres wide, capable of supporting an airstrip. A harbour has been dug out on one side large enough to accommodate tankers and naval vessels. In February, China sent a dredging ship to Panganiban (Mischief) Reef. We must remember that when China started building up Panganiban Reef in 1995, it claimed that it only intended to build shelters for its fishermen.

China’s reclamation activities violate the Convention on the Law of the Sea. These reefs lie within the Philippines’ exclusive economic zone, where we have the sole power to “establish and use … artificial islands, installations and structures.”

The reclamation activities also violate the Declaration on the Conduct of Parties in the South China Sea, which China signed along with the Philippines and all other Asean states. China promised 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 [and] reefs”. China invoked this declaration against our recourse to an international tribunal. Yet here it betrays, with its actions, the very declaration it invokes as law.

One area that calls for such “self-restraint” is environmental exploitation. Filipino marine biologists are concerned that the dredging will damage the corals. Already Chinese boats have wantonly harvested giant clams, considered an endangered species. The scientists have sounded the alarm on the long-term environmental cost of China’s reclamation activities.

From a strict legal standpoint, China’s “artificial island” will not strengthen Beijing’s claims over the neighbouring waters. Only genuine islands empower the coastal state to claim the surrounding territorial sea and exclusive economic zone. In contrast, artificial islands “do not possess the status of islands” and do not generate any maritime zones. After reclamation, the artificial island is all they get.

But perhaps that is all China needs for military and negotiating purposes. Hence its haste, stealth and reckless disregard for international law, for the environment and for simple, common decency.