China has recently announced new maritime regulations that require vessels to report their information when navigating through what China considers its “Territorial Waters”. These rules are set to come into effect from September 1, 2021. The relevant territory is claimed under a so-called “Nine Dash Line” on China’s maps, and it covers most of the South China Sea’s waters, which are disputed by numerous other countries such as the Philippines, Vietnam, Malaysia, and Indonesia.
Key Points about the New Maritime Rules
The new rules mandate operators of submersibles, nuclear vessels, ships carrying radioactive materials and vessels carrying bulk oil, chemicals, liquefied gas and other toxic and hazardous substances which could potentially compromise the maritime traffic safety of China to report their detailed information upon entering Chinese territorial waters.
China asserts nearly all of the 1.3 million square-mile South China Sea as its sovereign territory, and has been establishing military bases on artificial islands in the area. Such actions demonstrate an escalated effort to ensure China’s national security at sea by applying stringent rules to enhance maritime identification capability.
According to China, the U.S.’s incursion into the region is of assertive nature and could become the largest destroyer of peace and stability in the region.
Implications of the New Maritime Rules
Impact on Navigation and Trade
Indian commercial vessels and Navy ships regularly traverse the waters of South China Sea, which contains critical international sea lanes. This peace and stability in the region bear great significance to India. It includes various activities such as cooperation in the oil and gas sector, with the Littoral States of South China Sea. Over $5 trillion trade passes through the South China Sea, and 55% of India’s trade navigates through its waters and the Malacca Straits.
Inconsistency with International Law
The new rules are perceived as being inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS), which states that “ships of all countries enjoy the right of innocent passage through the territorial sea”.
Regional Turbulence
The updated regulations are expected to heighten tensions if China strictly enforces them in the disputed South China Sea and the Taiwan straits where the U.S. and its allies have been conducting naval expeditions, challenging Beijing’s claims to uphold freedom of navigation.
The Nine Dash Line and Its Impact
The “Nine Dash Line” stretches hundreds of kilometers south and east of China’s Hainan Island, covering the strategic Paracel and Spratly island chains. However, most countries perceive it as being inconsistent with UNCLOS, which only grants states the right to establish a territorial sea up to 12 nautical miles.
China, however, cites 2,000 years of history when these two island chains were considered integral parts of its territory. Despite the Permanent Court of Arbitration in The Hague issuing a decision in 2016 that rejected China’s claims as lacking basis in international law, China dismissed the ruling.
Understanding the United Nations Convention on the Law of the Sea
The ‘Law of the Sea Treaty’, formally known as UNCLOS was adopted in 1982. It was established to set jurisdictional limits over ocean areas. The convention defines 12 nautical miles from the baseline as the Territorial Sea limit and a distance of 200 nautical miles as the Exclusive Economic Zone limit. India became a signatory to UNCLOS in 1982.
The Geographical Importance of South China Sea and Strait of Malacca
The South China Sea is a part of the western Pacific Ocean situated in Southeast Asia. It’s bordered by the People’s Republic of China, the Republic of China (Taiwan), the Philippines, Malaysia, Brunei, Indonesia, Singapore and Vietnam. It is connected by the Taiwan Strait with the East China Sea and Luzon Strait with the Philippine Sea.
On the other hand, the Strait of Malacca is a waterway connecting the Andaman Sea (Indian Ocean) and South China Sea (Pacific Ocean). It delineates the Indonesian island of Sumatra from peninsular Malaysia and extreme southern Thailand, and it spans an area of about 25,000 square miles. The strait owes its name to the trading port of Melaka on the Malay coast, which was significant in the 16th and 17th centuries.
Last Modified: February 13, 2024