ABSTRACT

In the last three decades of the twentieth century, the South China Sea became known as a significant “hot spot” in the world where risks of conflict were deemed to exist. There were at least three military clashes during these decades involving the use of force or the threat to use force: in 1974 on the Paracels archipelago, in 1988 at the Fiery Cross Reef, and in 1995 at Mischief Reef in the Spratly archipelago. Tension has been increased by the strategic position of the sea, by territorial conflicts over the Paracels and Spratlys, by the battle for natural resources, and by developments in the Law of the Sea that have allowed countries to claim wider areas of maritime jurisdiction. The South China Sea is the second largest sea in the world with an area of 648,000 square nautical miles.1 This makes it twice as large as the Sea of Japan. The sea encompasses vital sea routes linking the Pacific and the Indian Ocean. Over half of the world’s merchant fleet (by tonnage) sails through the South China Sea every year,2 especially to or from the Strait of Malacca, which is one of the most important straits in the world. This sea is the route for most fuel transported by sea from the Middle East and Africa to Japan, China, and South Korea.3 If the sea lines of communication were cut by armed conflict in the Spratly/South China Sea area as a result of territorial and/or jurisdictional disputes, the economic interests of countries in the Asia Pacific region, including the United States, would be adversely affected.4