Why Is China Giving the Philippines the Cold Shoulder?
Embroiled in a nasty legal fight over the South China Sea, Beijing is putting Manila on notice -- even in the midst of tragedy.
BY DAVID BOSCO | NOVEMBER 13, 2013
In the wake of the devastating Typhoon Haiyan, international aid is flowing to the Philippines. The United Nations released $25 million from an emergency fund and the United States pledged $20 million in immediate relief. But, for the moment at least, precious little assistance is coming from the region's behemoth. The Chinese authorities announced a paltry $100,000 in humanitarian aid (along with another $100,000 via the Red Cross Society of China). Beijing's cold shoulder fits with a broader diplomatic isolation of Manila, which China has shepherded. In recent months, China's foreign minister has met with all 10 counterparts from the Association of Southeast Asian Nation (ASEAN) member-states -- except the Philippines. A key point of friction has been the Philippines' willingness to challenge Beijing's maritime claims.
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The most dangerous flashpoint came in the spring of 2012, when vessels from the Philippines and China engaged in a weeks-long standoff over waters near the Scarborough Shoal, a rocky formation little more than 100 miles from the Philippines' Subic Bay, the once (and perhaps future) home of a U.S. Navy base. The incident began when Filipino sailors boarded a Chinese vessel fishing in what the Philippinesconsiders its own maritime economic zone. After an unnerving naval escalation, the confrontation ended a few months later with China in effective control of the disputed waters.
The incident revealed just how badly the Philippines is outmatched at sea. Partly in response, the Philippines wants to upgrade its military cooperation with the United States. "We stand ready to tap every resource, to call on every alliance to do what is necessary to defend what is ours," Filipino Foreign Minister Albert del Rosario said in August. The government is also snapping up second-hand vessels to bolster its own fleet. But these moves won't change the archipelago's lack of wherewithal to challenge China's claims. Beijing boasts an expanding and modernizing naval fleet, and in August, Chinese president Xi Jinping inspected the country's first aircraft carrier. A Ministry of National Defense spokesman said "there will surely be more in the future."
But if on the high seas Manila is at a profound disadvantage, the courtroom may level the playing field. In the realm of international law, the power balance is often less tilted, and that is where the Philippines has turned. In January, the Philippines foreign minister informed China's ambassador that the country was filing suit against China. Beijing angrily rejected the claim and has vowed not to participate in the case, insisting on its "indisputable sovereignty" in the area. But the case is moving forward nonetheless, and every state with an interest in Asia's troubled waters is watching closely. For all Beijing's bluster, the Philippines stands a good chance of denting China's maritime claims.
The Chinese claims in the South China Sea are embodied in the now notorious "nine-dash line" that China first formally presented internationally in 2009. The gigantic U-shape marks what China views as its maritime entitlements in the area. It encompasses nearly 90 percent of the South China Sea, including rich fishing grounds and areas with potential oil, gas, and mineral deposits. China claims exclusive rights in waters only a few dozen miles from the Philippines, Malaysia, and Vietnam -- three nations which all object to China's claims.
The foundations for the nine-dash line are convoluted, and lean as much on ancient history as they do on modern law. Two Chinese scholars recently tracedChinese influence in the sea as far back as the 5th century A.D. Through its legal case, the Philippines aims to expose the gap between these venerable claims and the 1982 U.N. Convention on the Law of the Sea (UNCLOS), which provides rules for what states can claim as territorial seas (which extend 12 miles from shore) and as "exclusive economic zones" (which normally extend 200 miles).
China might simply insist that UNCLOS doesn't apply, but for the inconvenient fact that China (unlike the United States) has ratified the treaty. Even less convenient from Beijing's perspective, joining UNCLOS committed China to an international arbitration process for disputes related to the agreement. With its January filing, the Philippines set that process in motion, and a group of experienced arbitrators has assembled to review the case.
It's no surprise the Philippines was the only aggrieved state willing to sue the Asian behemoth: it is by far the most assertive of the smaller countries with an interest in the South China Sea. In 2012 it pushed hard for a statement by ASEAN on the maritime disputes, leading to the group'sembarrassing failure to release a joint statement at the conclusion of that year's summit -- and plenty of hard feelings on all sides.
Diplomatic support for the case in the region -- even among states angered by China's claims -- has been muted, because of concerns that the Philippines arbitration "might have negative repercussions for ASEAN-China relations," wrote Ian Storey, a senior fellow at the Institute of Southeast Asian Studies. Wary of Beijing's influence, most ASEAN states have called blandly for a peaceful resolution of the dispute. If the Philippines had hoped that fellow skeptics of the nine-dash line would line up behind their lawsuit, they have been disappointed.
Dondi Tawatao/Getty Images
SUBJECTS: CHINA, ENVIRONMENT, DISASTERS, FOREIGN AID, EAST ASIA, SOUTHEAST ASIA
David Bosco is assistant professor at American University's School of International Service and contributing editor at Foreign Policy.
Conversation on FP.com
BajieZhu
When Cuba met with Hurricanes over the years, what did America do? Did America even lift the cruel, generations long embargo that impoverished the island nation for even a week?
The Filipinos ought to be thankful that China is no America, and is not intent on throwing serious sanctions its way, even after the way the Philippines misbehaved. Hey, $100,000 is still money, and it is not drones or Agent Orange or depleted uranium munitions, or nation killing economic embargoes.
KatlynAi
"MANILA - China will provide 10 million RMB worth of relief supplies to typhoon-hit central Philippines, the Chinese embassy said Wednesday.
The relief including blankets and tents will soon be delivered to the Philippine government to assist communities devastated by Typhoon Haiyan, the embassy said.
This was followed by a donation of $200,000 by the China Red Cross Society and the Chinese government."
Stop posting false statistics.
AlexFox
very interesting article useful information
IrenaVanshteun
sehr interessanter Artikel http://www.guteapotheke.com nützliche Informationen
Zenmon
This is a clear example of the so-called "peaceful rise of China"; bullying it's neighbors into submission. It is good to see, that not every country is easily intimidated. I wish the Philippines the best of luck in their endeavor, and appeal to all countries affected by China's disrespectful behavior to stand united and refuse being bullied.
Sam Li
Zenmon It is Philippines, which, thinking China won't bully it, behaves irrationally. It was Philippines who opened fire on fishing boat and killed the captain from Taiwan. And it's true that you can't do any with nation without vision and policy.
o0o0ohhh
Sam Li Zenmon Oh right, and the thing with Japan is also just Japan stealing China's Islands and the accusations of China having total disregard for intellectual property laws with the U.S. is just the U.S. because China is the victim of everything... or is there a developing pattern we're seeing here of a rising major power throwing its weight around and pushing boundaries because it can?
Sam Li
o0o0ohhh Zenmon Be realistic. Japan repeated it won't talk with China many times. And you want discuss other unrelated things?
Sam Li
Zenmon "Appeal to all countries affected"? Your info is outdated. Both Vietnam and Malaysia have agreed with China the issue should be and can be settled by talks. Now only Philippines stays there making weird noise and refusing a diplomatic solution.
DeniseRoxas
@Sam Li @Zenmon Philippines had exhausted all diplomatic and peaceful settlement once and for all. But China refused she wanted unilateral negotiation which become not binding to other countries. China even refused to participate in court settlement for peaceful resolution of disputes.
China_Rising
Zenmon Not sending more aid over is bullying.
Stupid pretentious Filli turds.
zephon
This article is incorrect regarding when the claims to the South China Sea by China were made.
It was not in 2009.
It predates modern history.
Immediately after the Chinese Civil war it was again formally announced.
The claim to this territory from China is anything but new and the article is entirely misleading in this point.
Sam Li
Among all countries, including Philippines, Malaysia, and Vietnam, only Philippines refuses to settle issues diplomatically. And as Philippines is convinced that China would not use force, it often attacks/provokes China without any legitimate reasons.
spoutinghorn
Sam Li Doesn't the article precisely describe the Philippines diplomatic efforts under UNCLOS?
Sam Li
spoutinghorn Get the fact, Philippines stirs up diplomatic issues, instead of resolving them.
zephon
Sam Li Let us not forget it was the Phillipines that used their Marines and landed on a Island China claims and they dispute and to this day are keeping Marines stationed there.
The used the excuse that it was a need to land there because of problems with their ship - A complete lie.
Last year it was the Phillipine Navy that tried to forcibly remove Chinese fisherman from an atoll they were fishing on.
This year the Phillipine Navy murdered Taiwanese fishermen in water Taiwan/China claim and tried to make a lame excuse proven to be a lie from videos that the Chinese fishermen tried to ram the Phillipine Naval vessel.
Aurelian
There has been a question in the press about the need or a US Navy. China is one of the reasons.
zephon
Aurelian
Certainly we make enemies so that we can support the continued expansion of our Military - we Americans currently spend approximately as much on the Military/Intelligence operations here as much as the rest of the world combined.
Fear mongering for fools at its best.
mandalore
zephon Methinks you're not an American.
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