CENTER OCCASIONAL
PAPER
ASIA-PACIFIC CENTER FOR SECURITY STUDIES
HONOLULU,
HAWAII FEBRUARY 2000
SLOC Security in the Asia
Pacific
Professor Ji Guoxing
Introduction
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.