CENTER OCCASIONAL PAPER
ASIA-PACIFIC CENTER FOR SECURITY STUDIES
HONOLULU, HAWAII FEBRUARY 2000
SLOC
Security in the Asia Pacific
Professor
Ji Guoxing
Introduction
The
economic development of Asian Pacific countries in the passing two to three
decades has been closely related to seaborne trade, and the importance of sea
lines of communication (SLOC) to regional countries would be much increased in
the twenty-first century. SLOC
security is now one of the priorities in regional countries' strategic thinking
and policy making.
The
oceans occupy 70 percent of the earth's surface, and the Pacific Ocean occupies
50 percent of the world’s ocean surface.
World countries have depended on the free passage of goods across the
seas, and the majority of Asian Pacific countries, with their export-oriented
economic structure, have even more depended on maritime transportation.
An uninterrupted flow of shipping is critical to regional countries'
survival and prosperity.
However, SLOC insecurities do exist, and the problems therein do not
warrant optimistic views. Factors
affect SLOC security include: the unstable political relationship among regional
countries; different interpretation over the freedom of the seas principle;
islands' sovereignty disputes and overlapping maritime jurisdictional claims;
the emerging naval build-up; and non-traditional threats such as pollution,
piracy, drug-trafficking, etc.
Being not the possession of anyone country or power, sea lines have to be
used and defended jointly by countries. Regional
countries need to promote closer cooperation in guaranteeing SLOC security for
mutual interests.
China attaches much importance to SLOC security, and would play a
positive role in the safeguarding of SLOC together with other regional
countries. However, China needs to
make sustained efforts to let the world community believe its sincerity in
maintaining SLOC security and to clarify the misunderstanding prevalent in some
world circles that ''China does not support the freedom of the seas principle''
and ''China is one of the sources threatening regional SLOC security''.
Major Sea Lines in Regional Seas
The sea occupies an important position in the Asia Pacific, and is the
central component of the region. Southeast Asia has a vast span of water with
the South China Sea, extending over 1800 miles from Sumatra to Taiwan, as the
principal maritime component linking the Indian and the Pacific Oceans.
The shores of Northeast Asian countries are washed by the East China Sea,
the Yellow Sea, the Sea of Japan, the Sea of Okhotsk, the Bering Sea, and in a
broad sense by the Pacific Ocean.
Sea lines of communication connect world countries with one another.
In peace-time, these ocean routes serve as commercial trade routes; in
war-time, they become strategic lines of communication.
The Asia Pacific roughly has two significant sea lines of communication,
one passing through the South China Sea to the Indian Ocean and the Middle East,
the other passing through the East China Sea and the Sea of Japan to the Pacific
Ocean and the Pacific coast of the US and Canada.
Actually, among the world seven major sea lines, apart from the North
Atlantic Line, the South Atlantic Line, and the North American-South American
Line, the other four lines (the Eurasia Line, the North Pacific Line, the South
Pacific Line, and the Cape of Good Hope Line) all relate to the Asia Pacific.
In terms of ship movement, the seas in the Asia Pacific are among the
busiest in the world. For example,
a significant volume of commercial and military traffic is involved in the Sea
of Japan. According to a study by
the Washington-based Stimson Center, there are more incidents in the Sea of
Japan than any other theater worldwide.[1]
The South China Sea provides shipping routes connecting Northeast Asia
with Southeast Asia and the Middle East. The
Spratly Islands are located in the southeast quadrant of the sea, an area known
to seafarers as 'dangerous ground' due to the shallowness of the waters
surrounding the islands and numerous submerged reefs around.
Thus most merchant ships steer clear of the Spratlys, and major routes
pass well west of the Spratlys. ''Through
the South China Sea pass more than 41,000 ships a year, more than double the
number that pass through the Suez Canal and nearly treble the total for the
Panama Canal.''[2]
There are several straits of strategic importance in the region, such as
the Straits of Malacca, Sunda, Lombok and Makassar in Southeast Asia, and the
Straits of Tsushima, Tsugaru, Osumi, and Soya (La Perouse) in Northeast Asia. Major shipping routes in the Asia Pacific are through these
key straits. Due to their potential
for closure, these straits are known as chokepoints.
The Strait of Malacca, 600 miles long, is relatively shallow (only 21.8
meters) at some points. The maximum
draught recommended by the International Maritime Organization (IMO) for passing
ships is 19.8 meters. The navigable
channel at its narrowest point in the Singapore Strait at its eastern end is
only 1.5 miles wide. This creates a
natural bottleneck, with the potential for collision, grounding, or oil spill.
The Strait of Malacca, being the main corridor between the Indian Ocean
and the South China Sea, has as many as 220 ship movements in both directions
per day at present, and would have 275 ship movements by the year 2000.
''About 26 tankers, including three fully loaded supertankers heading for
Asian ports, pass through the strait daily.''[3]
Tankers using the waterway by 2010 will be two to three times more
numerous than today. ''If the
strait were closed, nearly half of the world's fleet would be required to sail
further, generating a substantial increase in the requirement for vessel
capacity.''[4]
The Lombok Strait is wider and deeper than the Strait of Malacca, and
passing through it is only 150 miles longer.
As its depths are greater than 150 meters, it is not draught-limited, and
its minimum passage width is 11.5 miles. It
is thus used by largest ships over 100,000 DWT (dead weight tonnage).
Most ships transiting the Lombok Strait also pass through the Makassar
Strait, which has an available width of 11 miles and a length of 600 miles.
Its depth is 930-3392 meters, mostly suitable for submarines and large
ships.
The Sunda Strait is 50 miles long and is another alternative to the
Malacca Strait. Its northeastern entrance is 15 miles wide.
But because its northern part is relatively shallow with dangerous
currents, it is not heavily used, and deep-draught ships of over 100,000 DWT do
not transit the Strait.
The Strait of Tsushima, being part of the Korea Strait, is the major link
between the East China Sea and the Sea of Japan.
It is 137.9 miles long. Its
narrowest point is 25 miles wide, and its deepest point is 129 meters.
It is heavily used by vessels traveling to and from the east coast of
South Korea, western Japan, and Vladivostok of Russia.
The Strait of Tsugaru, located between Japan's Hokkaido and Honshu
Islands, connects the Sea of Japan with the North Pacific Ocean.
It is 71.5 miles long. Its
narrowest point is 10.1 miles wide, and the deepest point of the navigable
channel is 521 meters.
The Osumi Strait is a major connection from the Yellow Sea and the East
China Sea to the Pacific.
The Strait of Soya (La Perouse) connects the Sea of Japan with the Sea of
Okhotsk. Its narrowest point is 20 miles wide, and its depth is 30-60
meters.
For
straits used for international navigation, some regional countries have modified
the width of their territorial sea. In
spite of their declaration of 12 nautical miles (nm) territorial seas, both
Japan and South Korea have modified their territorial seas to 3 nm in the Korea
Strait, thus providing a high seas ''corridor'', through which ships may transit
without entering the territorial seas of Japan and South Korea.
Japan has also declared territorial seas of 3 nm wide in the Tsugaru,
Osumi, and Soya (La Perouse) straits.
SLOCs as Lifelines to Regional
Countries
The Asian Pacific countries rely heavily on intra-regional and
inter-regional trade for their economic development, and seaborne trade is the
most efficient and economical means of transporting large volume and heavy
weight cargoes. Shipping routes are thus described as the arteries of the
regional economy.
The volume of major sea-trade commodities in the Asia Pacific has
surpassed 1.5 billion tons, comprising over one-third of the world's maritime
trade volume. About 15 % of the total volume of world trade transit the
Southeast Asian SLOCs. Regional
countries using the major East Asian SLOCs for international trade amounted to
US$ 949.5 billion in 1994, with 54.5% being Northeast Asian trade and 45.4 %
being Southeast Asian trade. Among
them, Japan's and China's total trade via Southeast Asian lines was US$ 260.4
billion and US$ 65.6 billion respectively, 39 % and 27 % respectively of their
total trade. For South Korea, ''The
shipping routes connecting the Strait of Hormuz, Malacca-Singapore straits and
Southeast Asian waters form the most important ocean routes used to import
strategic commodities.''[5]
The major commodities brought on northbound East Asian SLOCs include
crude oil from the Middle East as well as grain, coal and iron ore to fuel
Northeast Asian industry. Southbound shipping on the East Asian SLOCs consists
primarily of manufactured products bound for Southeast Asia and Europe.
''The overall pattern of shipping is that large tonnages of low-value
commodities are shipped to industrial economies (Japan and the four NIEs), which
then 'add value' via manufacturing process.
The industrial economies then ship out relatively smaller tonnages of
high-value goods.''[6]
With the rapid economic growth of Asian Pacific economies in the passing
decades, the center of international navigation is moving east to the Asia
Pacific. Asian countries are now
increasingly participating in ownership of the world shipping fleet.
Over the last two decades, South Korea, China, Singapore, and China's
Taiwan have joined Japan and Hong Kong as major ship owners.
These six economies now own 201,645 DWT, 30.05 % of the total world
shipping tonnage. Of the 20 largest
container shipping lines in the world, half are owned and based in Asia, and
among the world top 20 container ports, 18 are in the Asia Pacific.
The Asian financial crisis since July 1997 has affected the regional
demand for maritime navigation, but in the medium-term and long-term
perspectives, the Asian Pacific economic growth will be resumed and regional
demand for navigation would continue to increase at a high rate.
The quick recovery of some regional countries such as South Korea is an
example.
Maritime transport is divided into three major categories: dry bulk
(dominated by iron ore, grain, and coal); liquid bulk (dominated by crude oil
and petroleum products); and general cargo (dominated by containers).
''Tonnage via Malacca and the Spratly Islands is dominated by liquid bulk
such as crude oil and liquid natural gas, with dry bulk (mostly coal and iron
ore) in second place. Nearly
two-thirds of the tonnage passing through the Strait of Malacca, and half of the
volume passing the Spratly Islands, is crude oil from the Persian Gulf.''[7]
Oil is the dominant source of energy for Asian Pacific countries.
As Asian Pacific oil consumption is much greater than production, these
countries will become increasingly dependent on imported oil from the Middle
East. At present oil imports
account for almost 60 % of Asian oil consumption, and by 2010 import dependence
is projected to increase to at least 75 %.
The rapid growth in regional seaborne energy trade has resulted in
increased numbers of tankers and LNG/LPG carriers plying regional shipping
routes. In Northeast Asia, there is
very heavy oil tanker traffic mainly to Japan, South Korea, and Taiwan.
About 4 billion barrels of crude oil a day are imported by them,
representing 23 % of the global total. LNG
shipments through the South China Sea constitute two-thirds of the world's
overall LNG trade. The supply of
energy and its unimpeded transportation become major security concerns in the
region.
Keeping the sea lines of communication secure and unencumbered is an
important economic and security interest for the US.
The US reaffirms that, ''Promoting stability in the Arabian Gulf,
maintaining freedom of the seas, protecting sea lines of communication,
particularly in the Strait of Malacca, and other efforts to safeguard energy
supplies will become a challenge of increasing mutual interest.''[8]
In respect to dry bulk trade, the quantity of dry bulk cargo imported by
Asia is 56 % of the world total (coal 50 %, iron ore 60 %, grain 60 %).
Australia is the principal supplier of coal to most Asian markets,
providing 100 million tons in 1996. US
and Canada are also important suppliers, shipping 16 and 25 million tons
respectively in 1996. China is estimated to supply between 15 % and 20 % of Asia's
coal import need by 2001, and Indonesia is emerging as a second major coal
exporter.
Because iron mines are found in only a few countries, most of the iron
ore trade is carried out by sea. According
to UNCTAD Trust Fund statistics, trade in iron ore was 430.6 million tons in
1995; Japan, South Korea, China, and Taiwan accounted for 47.8 % of the world's
iron ore imports. Japan imported
120.4 million tons of iron ore from Australia, Brazil, and India; South Korea
imported 35 million tons from Australia, Brazil, India and Canada; China
imported 41.3 million tons from Australia, Brazil, South Africa and India.[9]
Australia exports now provide nearly 60 % of Asian demand for iron ore.
As East Asia is becoming a grain-importing region, the increasing demand
for grain is having a big impact on the maritime transport trade.
Northeast Asian countries are heavily dependent on the US, Canada, and
Australia for grain import. '' At the present time grain imports to Asia stand
at around 75 million tons per year, of which Japan accounts for a little under
40 percent. Approximately 30
percent is accounted for by the East Asian NIEs, while China's imports account
for more than 20 percent.''[10]
Canada has approximately 12 % of the total Asian grain market.
In respect to container trade, the total volume of containers in East
Asia's ports increased by 270 % from 15.92 million TEU (20-foot equivalent
units) in 1985 to 60.1 million TEU in 1995.
It is anticipated that East Asian ports will probably handle around 50 %
of total world container throughput by 2005.
The intra-Asian container trade has consistently registered growth, and
is now recognized as the second largest container trade in the world--second
only to the trans-Pacific trade.
UNCLOS and Freedom of the Seas
Principle
The principle of the freedom of the seas was first enunciated by a Dutch
lawyer Hugo Grotius in the early 17th century.
He set out the legal principle that ''Navigation was free to all and no
one country could lay claim to the seas on the basis that their navigators were
the first to sail on it.''[11]
His intention was to contest the right which Portugal took upon itself to
prohibit all others from engaging in seaborne commerce with the East Indies.
In fact, during the history of maritime affairs, the Portuguese practice
is no exception; maritime powers usually sought freedom for their own commerce
and trade and a restriction on others. ''Even
those who espouse freedom in shipping today, often really mean freedom for
themselves on the back of restrictions on others.''[12]
Nowadays, in theory, every country has the freedom of the seas; in
practice, those developed economies and maritime powers are enjoying mostly the
freedom of the seas.
The freedom of the seas principle today is set out in UNCLOS (UN
Convention on the Law of the Sea) in 1982, which came into force in November
1994. UNCLOS codifies the legal
regime governing virtually every aspect in, over or under the seas, contributes
to the building of a stable maritime regime, including navigation regime, and
makes a significant development in the law of navigation.
''Counterbalancing the adoption of distended national jurisdiction toward
the seas, the UNCLOS established three important regimes in securing the freedom
of navigation, namely, 'innocent passage' through territorial waters, 'transit
passage' through international straits, and 'archipelagic sea-lanes passage'
through archipelagoes,''[13]
in addition to freedom of navigation in the contiguous zone, in the exclusive
economic zone, and on the high seas.
However, UNCLOS does not resolve all issues and many problems exist.
As UNCLOS ''marked a fundamental compromise between the preservation of
freedom of navigation in return for a preferential share of high seas mineral
resources for the developing world,''[14]
and is designed ''to balance the rights of users or maritime states to a
reasonable degree of freedom of the seas, with the interests of coastal states
to protect and safeguard their sovereignty, marine resources and environment.''[15],
it is ambiguous on many issues, and only offers general rules and principles.
Difference in understanding and interpretation is prevalent in the world
community. General State practice
remains conflicting as well.
The unresolved issues regarding navigation which might be potential
sources of conflicts include:
Firstly,
regarding the innocent passage through the territorial waters, it has been a
much debated issue for long in the international community as to whether the
right of innocent passage applies to warships.
Coastal states have been reluctant to permit passage to warships without
prior authorization or notification. ''The
history of foreign invasion and traditionally sensitive security concern in the
Asia Pacific caused many littoral states in the region to have strong
reservations on the right of foreign warships to innocent passage through their
coastal waters.''[16]
Regional countries like Bangladesh, Myanmar, China, India, Indonesia,
South Korea, North Korea, and Pakistan require authorization or notification for
the innocent passage of foreign warships.
The
interpretation of the innocent passage norms becomes an issue in respect of the
Java Sea. For years, Indonesia
wants to impose some rules to regulate the movements of foreign warships using
the Java Sea. They say warships
sailing outside designated sea-lanes should abide by the norms that govern the
rights of innocent passage. “Under
the Indonesian interpretation of these norms, submarines must sail on the
surface, weapons and surveillance radars must be switched off and
aircraft-carriers must keep their planes deck-bound.”[17]
But Indonesia’s dictates are unacceptable to the US.
The Americans have pointed out that, “Under the proposed rules, US navy
ships sailing out of Singapore would have to wait until they neared the Sunda
Strait before they could go into operational mode.
The prospect of its ships sailing more than 300 kilometers in less than
battle-readiness doesn’t appeal to the US navy.”[18]
For the avoidance of misunderstanding regarding this controversial issue,
the US and the former Soviet Union signed in 1989 a joint statement on innocent
passage of warships in each other's territorial seas and set forth in more
details their interpretation of the Convention governing innocent passage in the
territorial seas. Other countries
probably need to follow suit.
Secondly, regarding the transit passage through international straits, it
is defined as the exercise of the freedom of navigation and overflight solely
for the purpose of continuous and expeditious transit in the normal modes of
operation utilized by ships and aircrafts for such passage.
But it has been controversial as to whether submarines are free to
transit international straits submerged. Besides,
controversy lies in the rights of a strait state to interfere with transit
passage due to suspected pollution incidents, and the scope of regulatory
responsive measures to accidents and pollution taken by a strait state. Moreover, there are various proposals by regional strait
states ''to go beyond the IMO safety regulations and traffic-lane demarcations
and to impose additional restrictions on passing ships, including even tolls for
the use of these recognized straits''[19],
which have been resisted by other countries.
Thirdly, regarding archipelagic sea-lanes passage, ''Under the LOS
Convention an archipelagic state may designate sea lanes and air routes suitable
for the continuous and expeditious passage of foreign ships and aircrafts
through or above its archipelagic waters. Such
archipelagic sea lanes must include all normal passage routes and all normal
navigational channels. On the other
hand, innocent passage applies in other archipelagic waters seaward of the
internal waters of the islands of the archipelago.''[20]
Different interpretations of these stipulations exist between maritime
powers and archipelagic states.
The Convention assigns archipelagic states for designating sea lanes in
coordination with the IMO (International Maritime Organization).
But uncertainty exists regarding it.
Indonesia believes it alone has the right to decide on such matters. Indonesia recognizes the authority of the IMO only on matters
relating to navigational aids and the safety of shipping--not on the delineation
of sea lanes. Indonesia, in
declaring her new archipelagic sea-lanes, proposed to limit passage to only
three north-south sea-lanes.[21]
This attempt to restrict avenues and methods of routine naval passage
through the Indonesian archipelago has even been resisted by the US Pentagon.
Washington opposes proposed sea-lane rules by Indonesia, ''Establishing sea
lanes without concurrence would set a dangerous precedent.''[22]
To utilize its geostrategic leverage, Indonesia did try in 1978 and 1988
''to close the Lombok and Sunda Straits as a way of asserting its sovereignty
over two of the world's most important maritime choke points.''[23]
Fourthly, regarding naval activities in EEZ, the EEZ regime in UNCLOS
attempts to accommodate the competing interests of coastal states for greater
control over offshore resources, and those of maritime powers for maintaining
traditional freedom of action in waters beyond territorial seas.
But the restrictive regime of the EEZ might pose a threat to the mobility
of navies and the ongoing controversy over the EEZ regime includes the freedom
of action of foreign navies within EEZ. The
issues are whether foreign navy is free to conduct military maneuvers within
EEZ without requiring prior notification or authorization from the coastal
state; and whether a state is free to place non-economic installations, such as
submarine detection devices in the EEZ of foreign state, which do not interfere
with coastal enjoyment of its EEZ rights.
The restrictions over freedom of the seas raised by the
wording of the Southeast Asia Nuclear Weapons Free Zone (SEANWFZ) Treaty
signed by the ASEAN countries at the Bangkok Summit in December 1995 have caused
concerns in the US and some major powers. The
treaty includes a protocal open to signature by the five declared nuclear weapon
states. The US issued a statement
on 15 December 1995, saying, ''One of the most significant issues preventing us
from supporting the treaty at this point is the inclusion of exclusive economic
zones (EEZs) and continental shelves in the zone, which we believe is
inconsistent with internationally recognized high seas freedoms of navigation
and overflight. We feel that, to
the extent that the SEANWFZ Treaty imposes security obligations on non-treaty
parties without their consent in areas where high seas freedom exist, the treaty
is inconsistent with the UN Law of the Sea Convention and sets an unfortunate
precedent.''[24]
Fifthly,
the legal issues relating to the shipment of nuclear wastes through certain
ocean areas such as EEZs, territorial seas and straits. Those
nations supporting the shipments assert that the shipments are free to navigate
through any part of the ocean under the traditional doctrines of innocent
passage, transit passage, and freedom of the high seas.
Many of those nations concerned about the shipments argue instead that
the environmental provisions in the 1982 UNCLOS and the 1989 Basel Convention on
the Control of Transboundary Movements of Hazardous Wastes and their Disposal
''require nations shipping these wastes to prepare environmental assessments and
then to provide notification to and seek authorization of affected nations
before passing through their territorial seas and exclusive economic zones.''[25]
The issue of restricting the passage of vessels carrying nuclear or other
hazardous cargoes through the Malacca Strait has often been raised by states
littoral to the Strait.
Present SLOC Insecurities
As
sea lines in the region are proximate to the Asian land mass, and pass through
narrow chokepoints, they are highly vulnerable. “In these straits, any attempt to hinder or block passage
of ships by coastal states, if the experience of the Suez Canal and the Gulf is
any guide, could pose a threat to SLOC security in the region.”[26]
Firstly,
The unstable political relationship among regional countries, especially among
US, Japan, and China constitutes a major threat to regional SLOC security.
Without an amicable and cooperative political atmosphere among regional
countries, one cannot expect to have a secure and stable maritime transportation
in the seas.
The
attempt by some circles in the US to sow discord between US and China and to
disrupt the ongoing bilateral relationship of strategic partnership would
destabilize the region and threaten SLOC security. The suspicions and mistrust between China and Japan would
also affect regional peace and development as well as regional SLOC security.
Take
the revised US-Japan Defense Guidelines for example, China strongly opposes the
enlargement of Japan’s military role in the Asia Pacific.
As said in the new Guidelines, Japan has set forth a more definitive role
in responding to situations in areas surrounding Japan that will have an
important influence on Japan’s peace and security.
It is said, “The concept ‘situations in areas surrounding Japan’
embodied in the revised Guidelines is not geographical but situational.”[27]
But it is clear that the guidelines “allow Japanese troops to serve
independently outside Japan for the first time since World War Two.
Previously they could only serve overseas as part of UN peace-keeping
operations.”[28]
The Guidelines were approved in the Japanese Parliament in May 1999, and
have become the law. Such an enhancement of a bilateral military alliance runs
against the historic trend and aggravate regional tension and SLOC insecurity.
Keeping alive of the memories of the Japanese invasion, China and other
East Asian countries are gravely concerned over it.
What’s
more, it is widely reported in Japan’s mass media that Taiwan is included in
“areas surrounding Japan”. Evidently
Japan wants to intervene in China’s domestic affairs. China is firm that the “areas surrounding Japan” should
not incorporate Taiwan.
Besides,
Japan’s self-imposed role since 1981 in safeguarding the SLOCs up to 1,000
miles from its territory for its oil life-lines has already aroused concern in
the region. In line with the
commitment, Japan is able to conduct regular maritime surveillance of its
neighboring seas and its sea lanes by utilizing maritime patrol aircraft and
naval vessels. If all regional
countries are set to defend 1,000 miles as Japan does, all the seas in the
region would be full of potential conflicts.
With the expanded role by the Guidelines, Japan could more conveniently
stretch out its muscles in the Asia Pacific.
Secondly,
islands’ sovereignty disputes and overlapping maritime claims constitute
another major threat to regional SLOC security. Disputes over sovereignty of some islets located along sea
lines in the South and East China Seas have the potential to spark open
conflict. “An interruption to the
SLOC security could arise as a side effect of armed clashes between coastal
states engaged in pressing claims to maritime jurisdiction, particularly those
to mid-sea islands.”[29]
In March 1999, two unknown ships entered into Japan’s territorial seas,
and fled into international waters after Japan’s warnings.
In June 1999, North Korea and South Korea clashed in the fishing areas in
the Yellow Sea which both claim. ”The
regional states have fears for the vulnerability of the SLOCs in the South China
Sea. Also, there is a fear among Japanese that the same atmosphere
of tension and insecurity will be seen in the East China Sea before long.”[30]
Thirdly,
the ongoing naval build-up by regional countries would be another threat to SLOC
security. In order to assure
sea-lane security many countries in the region, including a number of medium and
small states, are engaging in defense buildups, and maritime capabilities are at
the forefront of these defense acquisition programs.
Japan, South Korea and China are enhancing their sea-lane defense
capacity, and countries astride the sea-lanes are also expanding their own naval
force. “On the naval front,
around 200-250 new major surface vessels were originally planned for procurement
by the new century. Furthermore,
analysts have expected that more than 36 new modern submarines will be acquired
by Asian states in the next decade—primarily by Japan, South Korea, Malaysia
and Indonesia.”[31]
The financial crisis since 1997 has either slowed down the pace of their
modernization programs or in some cases suspended their major arms buys.
But on the whole, the region will remain one of the most lucrative
markets in the world for defense manufacturers.
The dangers of a naval arms race and the risk of naval confrontation
along the sea-lanes are emerging.
Fourthly,
the transport of radioactive wastes from Europe to Japan through the Asian
Pacific region is another threat to SLOC security. Three shipments of radioactive wastes have taken place to
date since 1992, with an expectation of continued shipments for 10 years or more
with a frequency of one or two shipments per year. “Many coastal states along the routes taken by the
shipments have expressed concern, with some states banning the shipments from
their exclusive economic zones and territorial waters.”[32]
Malaysia has condemned the shipments and has demanded that the vessels
not enter Malaysia’s territorial waters. Indonesia has declared that as it
cannot close international sea lanes, it has called on Japan, even pressed
Japan, not to use Indonesian waters.
There
is also concern that the Japanese shipments may open the door to worldwide
commercial traffic in one of the most toxic substances known.
For example, South Korea and Taiwan may eventually want to start shipping
spent nuclear fuel from their reactors for reprocessing into plutonium and have
it returned by sea.[33]
Finally,
non-conventional actions such as piracy, maritime hijacking, drug trafficking,
pollution, natural disasters also threaten SLOC security.
Piracy poses a real danger to SLOC security. Piracy and armed robbery in Southeast Asia is known to account for about 60 % of the total reported piracy in the world. Piracy “hot spots” in the region are: the Straits of Malacca and Sunda, offshore Vietnam and Cambodia, the Hong Kong-Luzon-Hainan triangle, the area north of Taiwan, and the Yellow Sea areas. According to the International Maritime Bureau (IMB), over two-thirds of the world’s piracy incidents in 1992 and 1993 occurred in the Asian Pacific region. In 1994 and onwards, there was a significant increase in piracy incidents in Indonesian waters. According to IMB statistics, in 1995 and 1996, more than 50 % of the world’s piracy incidents occurred in East Asia, with 101 of 170 global pirate attacks in 1995, and 100 of 175 global pirate attacks in 1996. East Asia’s financial crisis has led to an increase in piracy and the piracy incidents in the South China Sea in 1997.
Pollution
is another big problem. The major
concern is the possibility of a catastrophic oil spill.
The first major oil pollution incident in the Sea of Japan was the 6,400
tons spilled from the wrecked tanker Juliana.
Then a South Korean spill of 80 tons of bunker-C in 1987 when a tanker
was wrecked 40 miles off Inchon Habor. In
the heavily trafficked straits such as the Malacca Strait, there are frequent
worries about the danger of a major oil spill seriously disrupting, or even
closing the strait.
Another
source of tanker-related oil pollution is the discharge of tank washings.
Approximately 1,000 tons, or 300,000 gallons one single voyage of a
200,000 ton tanker may be discharged into the sea with tank washings
Maritime
natural hazards, such as floods, tropical storms, severe oceanic conditions and
tsunamis, also greatly affect maritime transportation.
The seriousness of regional natural disasters is clear at a glance of the
words that “The Asia Pacific area includes 52 % of the earth’s surface area,
59 % of the world’s population, and over 70 % of the world’s natural
disasters.”[34]
China versus SLOC Security
China’s
economic reform and economic interests decide that China pays great importance
to the guarantee of SLOC security.
China’s
rapid economic growth and industrialization in the passing two decades have led
to a dramatic increase in the demand for maritime transportation.
Its import and export volume was US$ 135.63 billion in 1991, and US$
325.06 billion in 1997, an average annual growth rate of 15.9;[35]
and 90% of its foreign trade is by sea-transportation.
As there exists a big imbalance between supply and demand in oil for
China, it has to import oil by sea. Currently around half of China’s oil
imports are from the Middle East. As
the gap is being widened at a rate of 7 million tons per year, China’s net oil
import is projected to reach 55 million tons yearly (mt/y) in 2000, and 116-150
mt/y in 2010.
Significant achievements have been made by China in ocean-going
transportation and container transportation capacity.
“By the end of 1997, merchant ships had increased to 320,000 with a
total dead-weight tonnage of close to 50 million, of which more than 23 million
were of the fleets in foreign trade transportation.”[36]
At present, China has 15 harbors each with an annual handling capacity of
more than 10 million tons. The
harbors with annual handling capacity above 10,000 tons number 200.
In 1997, the volume of freight handled by the country’s major coastal
harbors totaled 905 million tons. In
recent years, China’s coastal shipbuilding industry has shown a trend of rapid
development, and in 1997 China’s shipbuilding tonnage ranked third in the
world.
The
volume of containers handled by Chinese ports has surged, increasing four-fold
between 1990 and 1995. Shanghai,
which accounts for about one-third of the total containers handled by China,
increased by 26.4 % in 1996. By the
end of the decade, the ports of China will handle more than 10 % of the Asian
total.
With
the rapid growth in Chinese cargoes, and improved handling capacities at
mainland ports, major lines begin to experiment with direct calls at mainland
ports, collecting cargoes previously transshipped through Hong Kong or Japanese
ports.
Proceeding
from its economic interests, China is fully aware of the importance of the sea
routes. “ As a member of the IMO China has signed bilateral maritime
transportation agreements with 51 countries, making positive efforts to promote
international cooperation and exchanges in maritime transportation. At the 16th to 20th sessions of the
IMO, China was successively elected as an A-level council member state.
China has also acceded to 30-some conventions formulated by the IMO.”[37]
To date, the Chinese government has accepted all the major international
conventions related to maritime safety and pollution prevention, including
Safety of Life at Sea Convention of 1974, Regulations for Preventing Collisions
at Sea Convention of 1972, Search and Rescue Convention of 1979, Convention for
the Prevention of Pollution from Ships, 1973/78, etc.
China
supports the principle of the freedom of the seas. In view of the concerns in the world community over the
disruption of SLOCs in the South China Sea after the Mischief Reef incident,
China’s Foreign Ministry issued a statement in May 1995, saying “While
safeguarding its sovereignty over the Nansha (Spratly) Islands and its maritime
rights and interests, China will fulfill its duty of guaranteeing freedom of
navigation for foreign ships and air routes through and over the international
passage of the South China Sea according to international law.”[38]
It is clear from the statement that China respects innocent passage
through territorial waters of the Spratly Islands in the South China Sea, and
respects freedom of navigation in the EEZ of those big islands
entitled to have these claims, as well as freedom of navigation on the
remaining high seas in the South China Sea.
Thus China’s statement implies that freedom of navigation applies to
both the sea areas under its jurisdiction and the high seas.
Worries in some circles that China’s stated freedom of navigation only
applies to the high seas are uncalled-for.
Currently
there are two security zones proclaimed by China in the Yellow and East China
Seas. One is a military alert zone
extending west of a line from the North Korean-China border at the mouth of the
Yalu River to a point off the Shadong Peninsula. Another is a military exclusive zone in the vicinity of
Shanghai. Entry into the two zones is forbidden even on innocent passage without
specific permission. China’s
establishment of the zones is for self-protection.
With the improvement of relations among regional countries, it is
expected that China might reconsider these zones in line with the concept of
freedom of navigation.
China
strongly opposes piracy in SLOCs, and has taken measures to exercise more
control on local ‘rogue’ officials. Historically,
China has suffered greatly from piracy and drug smuggling, and therefore has
striven to crack down on crimes at sea. Some
piracy incidents in the South China Sea and East China Sea in early 1990s might
have come from some Chinese individuals and institutions, but they were not ‘a
deliberate PRC exercise of extra-territorial sovereignty and an unofficial
exertion of expansive PRC maritime claims’ as thought by some Asians.
Beijing stated that “Rogue elements of the Chinese Customs and Public
Security Bureau (not military units) were responsible.”[39]
After an attempt in May 1994 by some Chinese to seize a vessel inside
Hong Kong’s territorial waters, China formally made an apology and promised to
avoid such incidents in the future. When
Japan proposed to China in 1993 that officials from the two countries’
coastguard authorities meet to discuss East China Sea shipping problems, China
agreed to the meeting, and both sides arranged the establishment of a hotline
between their coastguard authorities.
China’s
ability in defending SLOCs is limited, and stands for cooperative actions with
regional countries in the safeguard of regional SLOC security.
In terms of the number of craft, the Chinese navy is big; but it is still
an obsolescent force, limited in size, scope, endurance and sophistication.
China has no military forces to protect its seaborne trade. China lacks air and naval forces for controlling sea routes.
Sharing common interests with other regional countries, China supports
cooperation in defending SLOCs.
There
exist in the world community the apprehensions of “China threat by its
ocean-going navy”. If the
misunderstandings are not cleared up, they would affect regional cooperation on
SLOC security.
China’s
ongoing defense buildup, including naval buildup, is a purely defensive one.
The Chinese Navy’s strategic mission, as stated by its commander
Admiral Shi Yunsheng, is “to contain and resist foreign aggression from the
sea, to defend our territorial sovereignty, and to safeguard the unity of the
motherland and maritime rights and interests.”[40]
China will try to protect its maritime rights and interests of the 200 miles
exclusive economic zones, and at some other locations the rights of continental
shelves when they are more than 200 miles away from the shores.
Since
the mid-1980s, the Chinese navy’s strategy has changed its emphasis from
coastal defense to offshore defense. Offshore
defense means the defense of China’s maritime rights and interests in its
maritime jurisdictional zones. The then naval commander-in-chief Liu Huaqing made known in
1987 the navy’s modernization plan, which included “the transformation of
the Chinese navy from a coastal defense force into a force capable of limited
oceangoing operation.”[41]
According to Liu’s plan, “The outmost defense approaches of the
Chinese navy will be spanned around the China seas:
to the Korean Strait in the north, to Liuqiu islands in the east, and to
Nansha islands in the south.”[42]
These outermost defense approaches are what “limited oceangoing
operations” and “the operations in offshore seas” refer to.
China will not build a global offensive navy.
The Chinese navy will only operate in offshore seas within the
requirements of China’s security and defense, and is not embarking on ‘a
transition to a blue-water power’.
China’s
rise would not constitute a threat to others.
Whether a nation poses a threat to world peace is not determined by its
power but by the nature of its domestic and foreign policies.
China’s domestic policy is one of wholehearted commitment to reform and
economic development and its foreign policy is one of independence and peace.
China will not threaten the others’ security. Actually, it is China who feels that it is being threatened
by other big powers, especially after the Nato’s eastward expansion and the
new US-Japanese security Guidelines. China
is faced in the back with the Nato’s expanded influences in Central Asia, and
in the front with Japan’s expanded roles in areas surrounding Japan.
Regional SLOC Security Cooperation
As
sea lines are crucial to the survival and prosperity of the Asian Pacific
countries, the safeguard of SLOC security is in the interests of all regional
countries. Since the world’s
oceans are an integral whole, no country can defend the wide radius of the sea
lines by itself. In many ways, SLOC
is the classical multilateral maritime security interest, and provides the most
basic demonstration of how a nation’s maritime security interests extend
beyond its own waters.
There
have been already successful precedents in this respect.
The joint Maritime Operation Planning Team between Singapore and
Indonesia in the Malacca Strait is a good example.
The Regional Piracy Centre established by the International Maritime
Bureau in Kuala Lumpur in 1992 covering all the countries east of Sri Lanka to
Southeast Asia and the Far East for serving as an information and reporting
center, is another example.
But
such limited cooperation is far from enough.
Further cooperative approaches to the maintenance and protection of sea
lines are much needed to develop.
First
of all, the common understanding and interpretation of UNCLOS stipulations
related to the SLOC security is much needed to ensure the security at sea.
To secure a common interpretation of UNCLOS stipulations could promote
the uniform practice and acceptance of essential rules of the regime and help to
build a stable maritime regime. Having
consensus on the interpretation, countries could together clarify the outer
limits of coastal states’ claims to sovereignty and jurisdiction over adjacent
maritime areas. Regional countries
could as well give publicity to the charts or lists of geographical coordinates
related to their baselines and maritime jurisdictional zones.
Besides,
countries could reach agreements regarding cooperation in the law enforcement on
the high seas for guaranteeing the norms for international navigation on the
high seas. Potential conflicts such
as the one happened in October 1994 in the Yellow Sea with the USS Kitty Hawk
chasing and threatening a Chinese submarine should be avoided.
Secondly,
proper settlement of islands’ sovereignty disputes and overlapping maritime
claims should be put on the agenda of regional leaders.
As an expedient measure, the establishment of joint patrol area and joint
development zone could be initiated.
Thirdly,
the ways of guaranteeing oil and gas import transportation security should be
given special attention.
Fourthly, naval cooperation is of
particular importance to SLOC security. Bilateral and multilateral naval
cooperation for CBM would reduce uncertainty in maritime security environment.
Concrete cooperative approaches should be worked out for the protection
of SLOC, especially the ways to deal with those non-conventional threats.
They might include humanitarian assistance, search and rescue (SAR),
avoidance of incident at sea (INCSEA) agreements, anti-piracy cooperation,
cooperative maritime surveillance, and mine-countermeasures.
There
have been two regional organizations engaged in maritime security issues.
APEC has been active in recent years in furthering regional cooperation
in shipping and maritime safety. The
Transportation Working Group under APEC has taken a number of initiatives to
facilitate the maritime commerce. ARF (ASEAN Regional Forum) has started to move
into the area of maritime cooperation. It
invited US and Thailand to co-chair an ARF Maritime Specialist Officials meeting
in Honolulu in November 1998 in conjunction with a meeting of the Intersessional
Support Group on CBMs. Regional SLOC security cooperation might fall within the
framework of one of the present two existing regional organizations.
CSCAP
(Council for Security Cooperation in the Asia Pacific) which is supposed to be
the premier institution of track-two process to support the ARF, seems to be
rather active on security issues these years.
However, facts have shown that there have been actually no track-two
activities in some member countries of CSCAP regarding the participation of
delegates and the presentation of their perspectives. Thus the further development of CSCAP is in question.
The institutionalization of track-two process as CSCAP has done is in
fact not helpful. It is better to let track-two process be more open and in a
loose form, and inclusive of all academic, non-governmental activities.
Since
1995 there has been a Maritime Cooperative Working Group affiliated to CSCAP.
The working group has convened several meetings and has been very
productive in making suggestions for regional maritime cooperation.
It is suggested that a regional SLOC cooperative organization might be
set up based on the Maritime Cooperative Working Group.
The Group could be restructured and put under ARF or APEC.
The new organization would coordinate all the bilateral and sub-regional
activities in the region, apart from liaison among regional law enforcement
authorities.
[1] Barry M. Blechman, et. al.,''The US Stake in Naval Arms Control'', Henry L. Stimson Center, Washington DC, 1990.
[2] International Herald Tribune, 3 May 1999.
[3] Sumihiko Kawamura, ''Shipping and Regional Trade: Regional Security Interests'', in Sam Bateman and Stephen Bates ed., Shipping and Regional Security, Canberra Papers on Strategy and Defence No.129, Australian National University, 1998, p.16.
[4] World Oil Transit Chokepoint, May 1998 on the world-wide web at <http://www.eia.doe.gov/emeu/cabs/choke.html>.
[5] Seo-Hang Lee, ''SLOC Security in Northeast Asia: Korean Navy's Role'', in Dalchoong Kim and Doug-Woon Cho ed., Korean Sea Power and the Pacific Era, Institute of East and West Studies, Yonsei University, 1990, p. 86.
[6] Sumihiko Kawamura, op. cit., p. 15. Cited from the US Pacific Command's Asia Pacific Economic Update.
[7] ''South China Sea Region'', United States Energy Information Administration, August 1998, on the world-wide web at <http://www.eia.doe.gov/emeu/cabs/schina.html>.
[8] The United States Security Strategy for the East Asia-Pacific Region, released by the US Secretary of Defense, November 1998, p. 56.
[9] Joonson Jon, ''Critical Non-Energy Import Dependencies in Northeast Asia'', in Sam Bateman and Stephen Bates ed., op. cit., pp. 82-83.
[10] Stephen J. Meyrick, ''Developments in Asian MaritimeTrade'', in Maritime Shipping in Northeast Asia: Law of the Sea, Sea Lanes, and Security, IGCC Policy Paper 33, February 1998, Institute on Global Conflict and Cooperation, University of California, p.16.
[11] Bruce Farthing, Farthing on International Shipping, Business of Shipping Series, LLP, London Hong Kong, 1997, p. 7.
[12] Ibid, p. 2.
[13] Sang-Seek Park, ''New Maritime Order in the Asia Pacific toward the 21st Century'', paper for the 12th International Conference on SLOC Studies, Seoul, 6-7 April 1999.
[14] Mark J. Valencia, ''Northeast Asia: Transnational Navigational Issues and Possible Cooperative Responses'', in IGCC Policy Paper 33, op. cit., p. 26.
[15] Jin-Hyun Paik, ''Law of the Sea and Stable Maritime Regime'', paper for the 12th International Conference on SLOC Studies, Seoul, 6-7 April 1999.
[16] Ibid.
[17] Far Eastern Economic Review, 29 February 1996.
[18] Ibid.
[19] Stanley B. Weeks, ''Sea Lines of Communication Security and Access'', in Sam Bateman and Stephen Bates ed., op. cit., p. 50.
[20] Jin-Hyun Paik, op. cit.
[21] Far Eastern Economic Review, 29 February 1996.
[22] Ibid.
[23] Ibid.
[24] Stanley B. Weeks, “Sea Lines of Communication Security and Access”, op. Cit., p. 52.
[25] Grant Hewison, “Return Shipments of Radioactive Wastes from Europe to Japan”, in Sam Bateman and Stephen Bates ed., op. cit., p. 101.
[26] Seo-Hang Lee, “Security of SLOCs in East Asia”, in IGCC Policy Paper, # 33, op. cit., p. 74.
[27] The US Security Strategy for the East Asia-Pacific Region, op. cit., p. 20.
[28] South China Morning Post, 5 May 1999.
[29] Seo-Hang Lee, “Security of SLOCs in East Asia”, op. cit., p. 74.
[30] Sumihiko Kawamura, “Maritime Transport and Communications-Including Marine Safety and SLOC Security” in Sam Bateman and Stephen Bates ed., Calming the Waters: Initiatives for Asia Pacific Maritime Cooperation, Canberra Papers on Strategy and Defense, No. 114, Australian National Univesity, 1996, p. 93.
[31] Frank Umbach, “Financial Crisis Slows but Fails to Halt East Asian Arms Race”, Jane’s Intelligence Review, August 1998, p. 23.
[32] Grant Hewison, op. cit., p. 93.
[33] Mark J. Valencia, op. cit., p. 32.
[34] APEC Emergency Preparedness website: http://www.dfat.gov.au/apec/emprep/
[35] China Statistical Yearbook 1998, compiled by PRC State Statistical Bureau, China Statistical Publishing House, September 1998, p. 620.
[36] “The Development of China’s Marine Programs”, Information Office of PRC State Council, May 1998, Beijing Review, 15-21 June 1998, p. 16.
[37] Ibid, p. 22.
[38] Beijing Review, 8-14 May 1995, P. 22.
[39] Far Eastern Economic Review, Asia Handbook, 1995, pp. 62-63.
[40] Outlook Weekly, Beijing, 21 March 1997.
[41] Shi Rongsheng ed., “The Structure and Modernization of the Chinese Navy”, Military History, China, No. 2, 1991, p. 25.
[42] Ibid., p. 26.