Report on South China Sea Tensions and Implications for Sustainable Development Goals

1.0 Executive Summary

A recent United Nations Security Council debate highlighted escalating tensions in the South China Sea, with significant implications for the achievement of the Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions). This report analyzes the conflicting positions of the United States and China regarding maritime claims, the 2016 Arbitral Tribunal ruling, and regional stability. The dispute underscores challenges to international legal frameworks, regional partnerships (SDG 17), and the protection of marine ecosystems (SDG 14), thereby threatening the broader sustainable development agenda.

2.0 Competing Narratives on Regional Peace and Justice (SDG 16)

The core of the dispute revolves around differing interpretations of international law and actions impacting regional stability, directly challenging the targets of SDG 16.

• United States’ Position: The U.S. representative accused China of employing “dangerous and destabilizing ways” to assert what it termed “unlawful maritime claims,” referencing the 2016 Arbitral Tribunal ruling as a basis for its stance.
• China’s Position: China’s permanent representative refuted the accusations, asserting that its territorial sovereignty and maritime rights are founded on a historical and jurisprudential basis. China reiterated its non-recognition of the 2016 ruling, viewing any claims based upon it as illegitimate.

3.0 The 2016 Arbitral Ruling: A Challenge to Strong Institutions (SDG 16)

China’s rejection of the 2016 arbitration case is based on several legal and procedural arguments that question the integrity and applicability of the arbitral institution in this specific context. This challenges the “Strong Institutions” component of SDG 16.

3.1 China’s Stated Objections to the Ruling

1. Violation of Foundational Principles: The case was initiated unilaterally, allegedly violating the principle of state consent, which is fundamental to international arbitration.
2. Contravention of Regional Agreements: The action was contrary to the Declaration on the Conduct of Parties in the South China Sea (DOC), which stipulates that disputes should be resolved through direct consultation between the concerned parties. This undermines regional partnership efforts central to SDG 17.
3. Jurisdictional Overreach: The essence of the claims pertained to territorial sovereignty and maritime delimitation. Territorial issues are outside the scope of the United Nations Convention on the Law of the Sea (UNCLOS), and China had previously issued a declaration in 2006 excluding maritime delimitation from compulsory arbitration.
4. Factual and Legal Flaws: The ruling is criticized for serious flaws, such as classifying Taiping Island, a large natural feature, as a “rock,” thereby denying its capacity to generate an exclusive economic zone. This is presented as a contradiction of both fact and UNCLOS provisions.

4.0 Threats to Regional Stability and Sustainable Development

The report from the Chinese perspective identifies external military activities as the primary source of instability, posing a direct threat to peace (SDG 16), marine environments (SDG 14), and economic prosperity (SDG 8).

4.1 Sources of Instability

• Militarization: The deployment of offensive military hardware, such as land-based intermediate-range missiles, in the region.
• Military Operations: Frequent deployment of advanced naval and aerial assets for military exercises and reconnaissance under the guise of “freedom of navigation” operations.
• Geopolitical Strategy: These actions are framed as part of a broader geopolitical strategy to create discord between China and its neighbors and contain its development.

4.2 Impact on Sustainable Development Goals

• SDG 16 (Peace, Justice and Strong Institutions): The ongoing military presence and diplomatic friction are seen as the primary impediments to achieving a peaceful and stable region governed by mutually respected laws and strong institutions.
• SDG 14 (Life Below Water): Increased militarization and the risk of conflict pose a significant threat to the fragile marine ecosystems of the South China Sea, undermining global efforts for the conservation and sustainable use of marine resources.
• SDG 17 (Partnerships for the Goals): China asserts that stability has been generally maintained through its joint efforts and dialogue with ASEAN nations. External interference is portrayed as an attempt to undermine these regional partnerships.

5.0 Conclusion

The situation in the South China Sea represents a critical test for the international community’s commitment to the Sustainable Development Goals. The resolution of these disputes requires a renewed focus on peaceful dialogue, respect for international law, and the strengthening of regional partnerships (SDG 17). Failure to de-escalate tensions threatens not only regional peace and justice (SDG 16) but also the health of our oceans (SDG 14) and the stability of the global economy that depends on these vital maritime routes.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 16: Peace, Justice and Strong Institutions
   • The article is centered on an international dispute, the application of international law, and the functioning of international justice institutions. It discusses the UN Security Council debate, an “arbitral ruling,” and the importance of resolving disputes peacefully through “dialogue and consultation,” which are core themes of SDG 16. The text highlights accusations of “dangerous and destabilizing ways” and military deployments that threaten peace and security in the region.
2. SDG 14: Life Below Water
   • The conflict discussed is over “expansive and unlawful maritime claims in the South China Sea.” The article explicitly references the “United Nations Convention on the Law of the Sea (UNCLOS)” as the legal framework governing these issues. The dispute over territorial sovereignty, maritime delimitation, and the legal status of features like Taiping Island directly impacts the governance of oceans and the establishment of exclusive economic zones, which are crucial for the conservation and sustainable use of marine resources.
3. SDG 17: Partnerships for the Goals
   • The article mentions “China’s joint efforts with countries of the Association of Southeast Asian Nations (ASEAN)” and the “Declaration on the Conduct of Parties in the South China Sea” as examples of regional partnerships aimed at managing disputes and maintaining stability. It contrasts this with the actions of the United States, which are described as “interference” that sows “discord between China and its neighboring countries,” thereby undermining regional cooperation and policy coherence.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Under SDG 16: Peace, Justice and Strong Institutions
   • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere. This target is relevant due to the discussion of “dangerous and destabilizing ways,” the deployment of “offensive weapons,” and “risk-creating incidents involving US naval vessels,” all of which threaten peace and increase the risk of armed conflict.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article’s core is a debate on the application of international law, specifically UNCLOS, and the legitimacy of the 2016 “arbitral ruling.” It discusses the “principle of state consent,” the “principle of estoppel under international law,” and the proper jurisdiction of legal bodies.
   • Target 16.8: Broaden and strengthen the participation of developing countries in the institutions of global governance. The dispute involves China and the Philippines engaging with international institutions like the UN Security Council and arbitral tribunals, highlighting the role and influence of developing countries in global legal and political governance.
2. Under SDG 14: Life Below Water
   • Target 14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in the United Nations Convention on the Law of the Sea. The article is fundamentally about the interpretation and application of UNCLOS. The dispute over whether Taiping Island can “generate an exclusive economic zone or continental shelf” is a direct application of UNCLOS provisions that determine how ocean resources are managed.
3. Under SDG 17: Partnerships for the Goals
   • Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships. The article highlights the importance of regional partnerships, citing “China’s joint efforts with countries of the Association of Southeast Asian Nations” to manage the situation as a positive example. It also implicitly criticizes actions that undermine such partnerships, framing US involvement as a source of instability.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. For Target 16.1:
   • An implied indicator is the frequency and severity of military activities and provocations. The article mentions “risk-creating incidents,” the deployment of “offensive weapons,” and military exercises “under the guise of ‘freedom of navigation’ operations.” A reduction in these activities would indicate progress toward a more peaceful and stable situation.
2. For Target 16.3:
   • A key indicator is the adherence to agreed-upon dispute resolution mechanisms. The article refers to the “Declaration on the Conduct of Parties in the South China Sea, which stipulates that disputes should be resolved peacefully through friendly consultations by the parties directly concerned.” The utilization of this dialogue-based mechanism over unilateral actions or litigation would be a measure of progress.
3. For Target 14.c:
   • The primary indicator is the degree of implementation of and adherence to UNCLOS by all parties involved in the dispute. The article’s extensive discussion of the convention’s provisions and the alleged flaws in the arbitral tribunal’s application of the law suggests that proper and universally accepted implementation of UNCLOS is the benchmark for resolving the maritime claims.
4. For Target 17.16:
   • An indicator is the existence and effectiveness of regional cooperation frameworks. The article explicitly points to the “joint efforts with countries of the Association of Southeast Asian Nations” and the “Declaration on the Conduct of Parties” as tangible mechanisms for partnership. The stability of the region, which the article claims has been “generally well managed and stable” through these efforts, serves as a measure of their success.

4. Table of SDGs, Targets, and Indicators

Source: chinadaily.com.cn