Australia became the first country outside the South China Sea region to voice its opposition against China’s territorial claims and construction of artificial islands in the area with the United Nations (UN).
Australia filed a petition with the global body describing China’s claims as “inconsistent” with international law, or the United Nations Convention for the Law of the Sea (UNCLOS), and arguing that there is “no legal basis for China to draw straight baselines connecting the outermost points of maritime features or ‘island groups’ in the South China Sea, including around the ‘Four Sha’ or ‘continental’ or ‘outlying’ archipelagos”. Accordingly, Australia has rejected China’s “historical” claims in the world’s busiest shipping route.
It also objected to China’s construction of artificial islands on small shoals and reefs, saying that “artificial transformation cannot change the classification of a feature under UNCLOS … the Australian government does not accept that artificially transformed features can ever acquire the status of an island”.
In fact, a 2016 ruling by the Permanent Court of Arbitration on a case brought forward by the Philippines said that China has no “historic title” over the region, and that its “nine-dash line” was “superseded” by the UNCLOS.
The SCS region is estimated to account for roughly a third of all global shipping, and is rich in oil and gas, and is a hotbed for commercial fishing. At the same time, Australia’s actions are also indicative of it aligning its foreign policy outlook with that of the United States (US).
US Secretary of State Mike Pompeo just last week called on the international community to combine their efforts to “push back” against China, and it appears that countries are following his heed.
Australia’s Foreign Affairs Minister Marise Payne and Defense Minister Linda Reynolds are visiting Washington next week to meet with US Secretary of State Mike Pompeo and Secretary of Defence Mark Esper.
Payne and Reynolds co-authored an article in The Australian this past weekend, in which they labelled the new national security legislation in Hong Kong as “sweeping and vague”, and referred to China as an “authoritarian regime using coercion in a bid to gain power and influence”.
In recent times, China has been significantly increasing its military presence on islands claimed by the Philippines. Over the past two months, the Chinese People’s Liberation Army (PLA) has brought in advanced KQ-200 anti-submarine planes and KJ-500 control aircraft to the Fiery Cross Reef in the Spratly Islands chain. Beijing has also declared Fiery Cross–which is known as Kagitingan in the Philippines–as a part of its own territory in Southern Hainan. Additionally, it has stationed maritime militia vessels for over a year around Thitu Island, which is the Philippines’ largest occupied island in Spratly.
In January, over 60 Chinese fishing vessels were escorted by the Chinese coast guard into Indonesia’s exclusive economic zone (EEZ). Also in January, China and Pakistan held the annual Sea Guardians event, a nine-day naval exercise. In addition to infrastructural projects, the two nations conduct annual joint naval exercises, often curiously close to India’s west coast.
In April, the Haiyang Dizhi 8, a Chinese government research ship, was spotted conducting a survey close to an exploration vessel operated by Malaysia’s state oil company Petronas.
It appears that certain nations are already taking umbrage with China’s expansionism. After Pakistan and China’s joint naval exercise, India immediately deployed its aircraft carrier INS Vikramaditya, flush with combat aircraft.
Likewise, amidst an escalation of tensions between Indonesia and China over the Natuna Islands, Indonesia sent four F-16 jets, and deployed eight warships and patrol vessels.
Similarly, after Chinese vessels entered Malaysia’s EEZ, three US warships and an Australian frigate conducted a joint exercise in the SCS, close to where the Haiyang Dizhi 8 was operating. In addition, a USS America amphibious assault ship and the USS Bunker Hill, a guided-missile cruiser, were deployed to the area.
Australia has elevated its relationship with India from a Strategic Partnership to a Comprehensive Strategic Partnership (CSP). In early June, PM Narendra Modi inked nine agreements with PM Scott Morrison, including a Shared Vision for Maritime Cooperation in the Indo-Pacific” and a Mutual Logistics Support Agreement (MLSA). Morrison also boosted Australia's defence budget by $270 billion, warning that Australia must prepare for a "more dangerous and more disorderly world". He announced that Australia is expanding its “long-range maritime and land strike capabilities”. India has also invited Australia to participate in the Malabar naval exercises with India, the US, and Japan.
India also conducted military exercises in the Indian Ocean with Japan recently, amidst a period where both countries are facing heightened “territorial threats” from China—India along the Line of Actual Control (LAC) and Japan with the Senkaku Islands.
China has responded to Australia’s rejection of its SCS claims through Global Times, a subsidiary of the People’s Daily, which is an official mouthpiece of the Communist Party of China (CCP). It took offense to Australia “jumping in an joining the US in provoking China” and said that bilateral relations have “already drastically soured”, warning of a “great lesson” and “countermeasures” that will be detrimental to political and economic relations.
Prime Minister Scott Morrison and Foreign Minister Marise Payne have previously pushed for an independent investigation into the origins and spread of the coronavirus, and a review of China’s culpability and complicity. This has drawn the ire of China, which has used state media outlets like the Global Times to engage in dangerous rhetoric, such as describing Australia as a “giant kangaroo that serves as a dog of the US”.
It has also warned that supporting the US could result in a “fatal” blow to Australia’s economy, “given Australia’s high dependence on the Chinese economy”. However, China has not only issued threats, but also delivered on them. China’s Ministry of Commerce (MOFCOM) announced tariffs of up to 80% on Australian barley producers for dumping. Furthermore, a Bloomberg report suggests that China is considering stricter quality checks, anti-dumping probes, tariffs, and customs delays on a host of other Australian imports, including wine, dairy, seafood, oatmeal, and fruit. China also blacklisted four Australian slaughterhouses. Australian coal exports have also been subjected to increased trade barriers. After this latest incident as well, China threatened to “target substitutable agricultural products such as beef and wine”.
Morrison has previously engaged in damage limitation by highlighting the “mutually beneficial” relationship Australia shares with China. However, it now appears that Australia has firmly taken sides with the US.
Australia Rejects China’s South China Sea Claims, Says “No Legal Basis”
Australia filed a petition with the UN, opposing China’s territorial claims in the region.
July 27, 2020
IMAGE SOURCE: US NAVY / NICHOLAS HUYNH VIA REUTERSAustralia’s actions are also indicative of it aligning its foreign policy outlook with that of the US.