Charting A Course For Sovereignty: How Malaysia Can Counter China’s South China Sea Claims – OpEd
China’s recent admonition to Malaysia, demanding a cessation of activities in the oil-rich waters off Sarawak, has intensified the longstanding territorial disputes in the South China Sea. These escalating tensions underscore the urgent necessity for Malaysia to adopt a strategic response that upholds its sovereign rights under international law while simultaneously promoting regional stability. Deriving insights from the Philippines’ approach to countering China’s maritime claims and considering the role of the Association of Southeast Asian Nations (ASEAN), Malaysia must skillfully navigate this intricate situation through a multifaceted approach that integrates diplomatic, legal, and military measures.
This essay aims to analyze the implications of China’s assertive actions, assess Malaysia’s possible responses, and contemplate the potential for a unified ASEAN approach to counterbalance China’s expanding influence. China’s territorial claims in the South China Sea are primarily premised on the contentious “10-dash line,” an arbitrary demarcation encompassing almost 90% of the South China Sea. However, this delineation lacks recognition under international law, notably the United Nations Convention on the Law of the Sea (UNCLOS). Regardless, China has employed this demarcation to assert its claims over various maritime features, including the Luconia Shoals, situated within Malaysia’s exclusive economic zone (EEZ).
Given the strategic and economic significance of these areas, rich in valuable resources such as oil and natural gas, as well as their quintessential role as vital maritime routes, they hold substantial interest for regional players, including China. The ten-dash line claim not only imperils Malaysia’s sovereignty but also engenders instability in the broader Southeast Asian region by challenging internationally recognized maritime boundaries.
In the face of these formidable challenges, Malaysia must initially reaffirm its unwavering commitment to upholding international law, especially UNCLOS, which confers upon it rights over the waters within its EEZ. In this regard, legal avenues akin to those pursued by the Philippines should form the bedrock of Malaysia’s strategic approach. The Philippines secured a landmark victory in 2016 at the Permanent Court of Arbitration in The Hague, which ruled against China’s expansive maritime claims. Despite China’s rejection of this ruling, it serves as a momentous legal precedent that Malaysia could harness to fortify its claims. By contemplating legal action, Malaysia would not only underscore its steadfast adherence to international law but also attract global attention to the legitimacy of its maritime entitlements.
In addition to legal measures, Malaysia should enhance its diplomatic engagements. Following the Philippines’ lead, Malaysia could strengthen its ties with other Southeast Asian nations and extra-regional partners such as the United States, Japan, and Australia. These partners have expressed support for freedom of navigation and adherence to international law in the South China Sea. Through diplomatic dialogues, Malaysia could work towards forming a coalition that not only counters China’s assertiveness but also promotes regional stability. These alliances would provide Malaysia with a broader platform to voice its concerns and garner international support, making it more difficult for China to isolate individual countries in bilateral confrontations.
Security and military measures are also crucial. Malaysia should increase its maritime patrols and invest in enhancing its naval and coast guard capabilities to deter potential incursions. Joint military exercises with allies can serve as a demonstration of Malaysia’s resolve to protect its maritime rights. Additionally, Malaysia could participate in multilateral security initiatives such as the Quadrilateral Security Dialogue (QUAD), which aims to ensure a free and open Indo-Pacific. While Malaysia has traditionally maintained a neutral stance, balancing relations with China and Western powers, the evolving dynamics in the South China Sea may necessitate a more proactive security posture.
The role of ASEAN in this scenario is crucial. Historically, ASEAN has faced challenges in presenting a united front on the South China Sea disputes due to varying national interests among its member states. However, a coordinated ASEAN response is necessary to maintain regional stability and uphold international maritime laws. ASEAN could enhance its Code of Conduct (CoC) negotiations with China, insisting on binding agreements to prevent unilateral actions in disputed areas. By adopting a collective stance, ASEAN can increase its diplomatic leverage and present a united regional front, making it more challenging for China to employ a divide-and-conquer strategy. ASEAN’s collective response could also involve diplomatic demarches, issuing joint statements to express concerns over China’s actions, and seeking mediation through international organizations such as the United Nations. These steps would not only affirm ASEAN’s role as a key player in regional security but also signal to China and the international community that unilateral actions in contested waters will not be tolerated. By fostering solidarity among its members, ASEAN can play a significant role in managing the South China Sea disputes and ensuring the principles of international law are respected.
In conclusion, Malaysia’s response to China’s assertiveness in the South China Sea needs to be comprehensive, encompassing legal, diplomatic, and security approaches. Taking lessons from the Philippines’ experience, Malaysia should contemplate pursuing legal recourse to challenge China’s maritime claims within the framework of international law. In addition, forging strong diplomatic relationships with regional and global partners will further strengthen Malaysia’s position. Simultaneously, bolstering military capabilities and participating in joint security initiatives will serve as a visible demonstration of Malaysia’s commitment to safeguarding its sovereign rights. The role played by ASEAN as a regional bloc is of utmost importance; a coordinated ASEAN response will not only bolster Malaysia’s position but also contribute to the overall stability and security of the region. By implementing these strategies, Malaysia can effectively navigate the intricate geopolitical dynamics of the South China Sea, safeguard its national interests, and contribute to the establishment of a stable and rules-based maritime order in the region. Continued diplomatic engagement, mutual respect, and collaboration within ASEAN will be crucial in ensuring long-term peace and stability in the South China Sea.
The opinions expressed in this article are the author’s own.
References
- “China Warns Malaysia to Immediately Cease Activities in Oil-Rich Waters off Sarawak, Says Report.” Malaysian Now, September 3, 2024.
- Joyner, Christopher C., “The Spratly Islands Dispute: Rethinking the Interplay of Law, Diplomacy, and Geopolitics in the South China Sea.” The International Journal of Marine and Coastal Law, 1998.
- Storey, Ian. “China’s Bilateral and Multilateral Diplomacy in the South China Sea.” Asian Survey, 2019.