Disec Study Guide
Disec Study Guide
Disec Study Guide
Honorable delegates,
As your board, it is our utmost pleasure to welcome you to this year’s DISEC. We are
deeply honored to witness your willingness to participate in this year’s GSLMUN.
Especially in our council, to gain knowledge upon the procedure and function of the
UN, become impassioned public speakers, develop your debate and communication
skills and discover a new perspective on world problems, such as the topic of our
committee. Therefore, a very interesting but challenging topic has been chosen to
allow you to experience the real essence of DISEC; Preventing Criminal and
Unauthorised Usage of Drones. The main purpose of this topic is discussing the issue
with various views of other countries and reaching a common solution.
In today's world, where politics is sometimes perceived as intrigue, MUN is an
invaluable tool for properly grasping this complex notion and developing an educated
and inquisitive perspective on today's global issues. In addition, we like sharing our
MUN experience and information with new delegates, as well as assisting them in
understanding the progress of establishing common ground for interstate problems via
collaboration.
We are thrilled and honored to serve as head of the United Nations General Assembly's
1st Committee on Disarmament and International Security.The information in this study
guide will be more than enough to fully understand the topic under discussion and be
prepared for our debates at the conference. However, your active participation in the
debate is essential to come up with a sustainable solution to this goal.
In addition, we should state that we are always at your disposal in case of any
questions regarding our committee and/or our topic.
We are more than thrilled to work with you and promise to deliver to the best of
our abilities!
Co- Chair of DISEC
Irmak Karadoğan
The Disarmament and International Security Committee (DISEC) is the United Nations
General Assembly's first committee. The General Assembly is one of the United
Nations' six major bodies, and each UN member state has a right of representation at
its sessions, creating a climate conducive to debate on a variety of topics ranging from
the status of the Non-Proliferation Treaty to gender equality.
First Committee: DISEC is charged with dealing with armament and international
security issues that have vexed or will vexed the international agenda, and it
collaborates with the UN Disarmament Commission and the Geneva-based
Conference on Disarmament to ensure full sustainability and peace among member
states and communities. The First Committee maintains missions in many parts of the
world to provide security, welfare, peacekeeping, and unilateral disarmament
agreements. DISEC provides a variety of documents and reports to the UN Security
Council for approval, as well as a number of resolutions, concentrating on the creation
of disarmament and the promotion of global security.
DISEC had dealt with colonization and self-governance concerns until the fourth
committee was formed, but had not been able to adequately handle them. As a result,
responsibilities that were supposed to be accomplished but could not be covered were
assigned to the Fourth Committee's mission following the founding of the Special,
Political, and Decolonization Committee. This change not only made the First
Committee more effective and favorable in assessing global security challenges, but it
also enhanced DISEC's engagement in matters on the global agenda.
According to the United Nations Charter, the General Assembly has the authority to:
• Consider and approve the UN budget, as well as determine Member States' financial
assessments;
• Consider and make recommendations on the general principles of cooperation for
maintaining international peace and security, including disarmament;
• Elect the non-permanent members of the Security Council and members of other
United Nations councils and organs, and appoint the Secretary-General on the Security
Council's recommendation;
• Discuss any question concerning international peace and security and, except where
the Security Council is currently debating a dispute or situation, make
recommendations on it;
• Discuss, with the same exception, any question within the scope of the Charter or
affecting the powers and functions of any organ of the United Nations and make
recommendations on it;
• Conduct studies and make recommendations to promote international political
cooperation, the development and codification of international law, the realization of
human rights and fundamental freedoms, and international collaboration in the
economic, social, humanitarian, cultural, educational, and health fields;
• Make recommendations for the peaceful resolution of any situation that might
jeopardize friendly relations between countries;
The possibility of increased use of unmanned aerial vehicles, or drones, has prompted
legitimate fears among politicians. As a result of these concerns, some have proposed
laws prohibiting practically all drone operations unless the government first obtains a
warrant. Privacy groups have used a lobbying effort to persuade thirteen states to pass
legislation restricting law enforcement's use of drones, with eleven of those thirteen
states needing a warrant before the government may deploy a drone. While privacy
activists' campaigns frequently make a strong case about the dangers of widespread
monitoring, legislation is rarely targeted to mitigate the harm that advocates fear. In
fact, in every state where legislation has been approved, the new rules are centered on
the technology (drones) rather than the potential harm (pervasive surveillance). In fact,
in every state where legislation has been approved, the new rules are centered on the
technology (drones) rather than the potential harm (pervasive surveillance). In many
cases, this technology-centric approach produces perverse results, allowing the use of
highly sophisticated pervasive surveillance technologies from manned aircraft while
prohibiting benign uses of drones for mundane tasks such as accident and crime
scene documentation or monitoring of industrial pollution and other environmental
harms. The first drone-related legislation appeared in 2013 in Florida, Idaho, Montana,
Oregon, North Carolina, Tennessee, Virginia, and Texas. In 2014, Wisconsin, Illinois,
Indiana, Utah, and Iowa also passed laws seeking to address the use of drones by law
enforcement. As of the writing of this paper, the California legislature passed a drone-
related bill that was vetoed by the governor, but the bill’s sponsors have vowed to
revisit the issue in the next legislative session.
These legislative attempts have tried to limit the government's use of drone technology
while permitting the government to conduct surveillance in a similar manner when
drone technology is not used. This ludicrous anachronism is deliberate, as privacy
supporters have opted to take advantage of the public interest and attention generated
by the demonization of drone technology in order to get legislative triumphs. These
proponents, obviously, are not focused on more rational legislation that tackles
damages regardless of technology.
Following the enactment of the FAA Modernization and Reform Act of 2012, the
domestic use of drones by law enforcement has become a hot subject. By September
2015, the FAA was required to integrate unmanned aircraft systems, or drones, into
national airspace. Several groups have raised alarm about the likelihood of tens of
thousands of drones swarming the skies, some of which are equipped with
sophisticated cameras. The American Civil Liberties Union, for example, has been
outspoken in its condemnation, producing a study outlining its worries about the
possibility of invasive aerial monitoring without adequate protections. While there
should be a vigorous public debate over the use of domestic drones, concluding that
massive privacy breaches are likely is premature.
4. Historic Background
Recently, the globe has seen a considerable growth in the number of drones in use,
with an ongoing global demand for their multi-purpose applications. The capacity of
these drones to respond to people's needs accounts for their widespread use. Drones
provide users a bird's eye view that they can activate and use practically anywhere, at
any time. However, fraudsters and cyber-criminals have recently begun to employ
drones for harmful purposes. The likelihood and frequency of these attacks are both
great, and their consequences can be extremely deadly and disastrous. As a result, the
necessity for investigative, protective, and preventative countermeasures is critical.
Drone dependence and use is steadily increasing in a variety of fields. This is owing to
the drones' capacity to live-stream, collect real-time video and images, as well as fly
and convey products . As a consequence, more than 10,000 commercial drones will be
operating in the next five years. This is mostly owing to their cost and budget benefits
over commercial helicopters. Furthermore, rather than utilizing remote controls,
technology advancements allow for simple manipulations using mobile phones to fly
mini-drones. Drones are used for a variety of purposes, not just commercial and
personal ones. Surveillance teams in law enforcement and border control employ
drones. In the event of a natural catastrophe, they are used by search and rescue
teams to gather information or drop vital supplies. Drones, on the other hand, aren't
just employed by "good people"; "bad guys" are also using them to achieve their
nefarious goals. Drones may be employed for a variety of assaults due to their ease of
control. Drones, on the other hand, have security flaws that render them vulnerable to
hijacking. More than 2.5 million drones are now flying over the United States (US),
according to the Federal Aviation Administration (FAA). By 2020, the number of active
drones is estimated to reach 7 million. Furthermore, the technological and commercial
rise of e-commerce has permitted a plethora of drone-related applications. However,
this opens the door for cyber-criminals to compromise or even use the availability and
capabilities of drones for nefarious reasons.
Drones have been connected with serious security vulnerabilities since their early
debut, making them acceptable targets for numerous cyber-attack types. Furthermore,
malevolent users may utilize them as a possible attack vector. As a result, the odds of
a new asymmetric style of conflict increasing.
By the end of July 2018, several of these regulations had already taken effect,
prohibiting all drones from flying higher than 400 feet. In reality, offenders might face
penalties of up to $5,000 and up to five years in prison. As a result, based on a series
of performed surveys, reviews, and comparative studies in, this study summarizes and
classifies the key rules used in different nations per continent, as shown in Table 2.
Drones, which were initially designed for military use, have witnessed fast
development and advances and have made their way into consumer gadgets.
Originally, they were used as weapons, in the form of remotely-guided aerial missile
launchers. Drones, on the other hand, have a wide range of civilian uses nowadays,
particularly in the form of tiny quadcopters and octocopters.
Drones are being utilized for a variety of purposes, including climate monitoring,
transporting goods, assisting in search and rescue efforts, and filmmaking and
photography.
UAVs are, of course, becoming a more vital element of the military in many
countries. In comparison to only a few decades ago, the US armed services now
operate a fleet of tens of thousands of drones. However, the number of drones in
private use dwarfs this. According to the FAA, 1.1 million drones were registered in the
United States in 2019.
Countries with armed drones. Source: New America
Drones may have originated in 1849, when Austria assaulted Venice using
unmanned balloons laden with explosives. Around 200 of these incendiary balloons
were fired above Venice by Austrian soldiers besieging the city at the time.
Bombs weighing between 24 (11 kg) and 30 (14 kg) pounds were carried by
each balloon. These bombs were released from their carrier balloons once they were in
position, wreaking devastation on the city below. Only one bomb hit its intended target,
fortunately for the Venetians, while the majority of the balloons were blown off course
owing to a rapid change in wind direction.
That so, it's fascinating to learn that the fundamental notion of drones was
studied by military experts almost 170 years ago. This is the type of thought that will
propel drone technology forward in the centuries and decades ahead.
They were employed in a "terror bombing" campaign on British cities such as London
to demoralize the British populace. A basic autopilot was used to regulate altitude and
airspeed; a pair of gyroscopes controlled yaw and pitch; a magnetic compass was
used to maintain azimuth; and a barometer device was used to manage altitude.
Pressurized air was used to regulate the gyros, rudder, and elevator. The Americans
reverse-engineered the technology and built their own pulsejet-powered unmanned
aerial drones, such as the TD2D-1 Katydid and Curtiss KD2C.The next major
advancement in drone technology happened during the Vietnam War, which was a few
years later. Drones were initially widely deployed and used as dedicated
reconnaissance UAVs during this battle. The manned SR-71 Blackbird spy plane was
still under development in the late 1950s, while spy satellites were not yet ready for
deployment.
During the 1980s and 1990s, assault military drones were significantly improved.
In 1990, little and miniature versions of UAVs were created, followed by the iconic
Predator drone in 2000. This was used to fire missiles in Afghanistan and in the hunt for
Osama Bin Laden. AeroVironment Inc. created a range of tiny fixed-wing surveillance
drones in the following years, including Raven, Wasp, and Puma.
Drone innovation and business interest have exploded in the last ten years or
so. Drones were previously largely utilized for military or hobbyist reasons, but
beginning in the early 2010s, a variety of new uses for drones were proposed, including
their usage as delivery vehicles.
The FAA was experiencing a tremendous increase in demand for drone licenses
by the middle of the decade, with over 1000 commercial drone permits issued in 2015.
One year later, the number had tripled, and it has continued to rise at an
exponential rate since then. In business photography and cinematography, mounting
cameras on drones has become routine. A combination of radio-controlled (RC) aircraft
and smartphone technologies has resulted in this. According to Business Insider,
worldwide drone exports are expected to reach 2.4 million by 2023, representing a
66.8% compound annual growth rate.
According to Business Insider, "Drone growth will occur across the four key
categories of the business industry: agriculture, construction and mining, insurance,
and media and telecoms." Drones for military use are predicted to grow smaller and
lighter, with significantly longer battery life and flying periods. Additionally,
improvements in drone optics and other capabilities will be made. In the civilian sector,
advances in flight durations are allowing them to be used as delivery platforms, for
emergency services, and for data collecting in a variety of situations where people are
too dangerous, like power plants or fires.
5. Recent Issues:
China
China, being the first country to be infected with the deadly virus, was one of the first
to implement a lockdown that lasted more than two months, beginning in late January.
During periods of Lockdown, China used drones as a crime-prevention strategy in
numerous cities. Citizens were confronted by drones over a uniformed police officer
who was confronting them for breaking the lockdown. "Yes," said the drone, which
was outfitted with speakers. This is a drone communicating to you, urging that you
wear a mask outside and remain as much as possible indoors" (Dá-more 2020).
China's robots, automated systems, and drones were used efficiently not only for
crime prevention tactics, but also for other important actions such as sanitizing public
places during quarantine, providing safety and critical supplies, and preventing panic
among a select few (Block 2020).
India
India is one of the rare countries that has enforced a lockdown for more than three
weeks. Because China is the world's second-most populated country, crowd control
during the lockdown is a difficult undertaking. Drones and air surveillance vehicles have
been used in several Indian cities for crowd mobilization, deterrent, and information
dissemination. Kerala was one of the first states to use a drone for surveillance, and
they stated that they planned to keep doing so until the Lockdown ("Police Use
Drones") in 2020. Police in Telangana have placed drones equipped with thermal
imaging sensors and speakers at various locations across the city. These drones have
the twin aim of tracking and tracing those who are at risk of becoming infected with the
epidemic (Pandey 2020). Similar practices in the state's capital served as "eyes in the
sky" (Choudhary 2020; "Eye In The Sky" 2020). As a surveillance tool, it's nery. The
office has recently answered that these drones are also used with face recognition
technology to follow violators and criminals during violent and panic situations
(Srinivasan 2020). Chennai municipal police have utilized drones with loudspeakers to
inform residents about the lockdown and several state and federal notifications about
the pandemic (Borbon 2020). The air surveillance practice has been adopted by cities
like as Pune, Dehra-dun, Bengaluru, Guwahati, and many others ("Dehra-dun police"
2020; "In Pune's Outskirts" 2020; "Bengaluru City Police" 2020; "Sangli
GuwahatiPolice" 2020). Drones that have lately been designed and outfitted to
measure temperature and trace infected persons up to 100 meters away in as little as
10-15 seconds ("Drones might be"2020). Drones have been placed throughout several
enterprises and rail-way tracks by the Eastern Coast Railway to monitor any illegal
activity. The drone is controlled by railway police and is used to boost surveillance
productivity by reducing the staff needed ("BattlingCoronavirus: ECOR" 2020). Kerala
police conducted one of the earliest investigations in the country.
France
As the lockdown spread over Europe, one of the most important techniques for dealing
with numerous offenders on the streets was the use of a loudspeaker drone. The
French authorities used private drone services to supplement the city's law and order
situation (Bourdon and Moynihan 2020).
Spain
Madrid's city police are run by spies in the sky, and they have stated that they will not
hesitate to use force to maintain law and order in the city. "Some still make it tough for
us," Madrid police said, even amid the shutdown. The use of drones is comparable to
a monitoring regime in a combat situation, yet it is necessary during Lockdown
(Doffman 2020)
Israel
During the Lockdown, many Middle Eastern governments, notably Israel and Jordan,
used a drone to impose curfews and limit citizen movement. The official stated that the
city's curfew is enforced using the most up-to-date technology and surveillance
equipment to guarantee that there are no law and order issues (AFP2020). Greece
Drones were used by the city of Athens to capture the severe implementation of
Lockdown, maintain social distance, and restrict civilian movement in the city ("Drone
FootageShows" n.d.).
6. Possible Solutions
The global scenario is coming years would make every country rethink on the utilization
of
technology to their best and keeping safety and security first nationally. Thereby, a
drone is the future recruits in law and order division, and each country would take
notice of it sooner or later. Drones can serve as a multi-utility equipment to police force
and also emergency services. Every government should formulate policy to pilot test
the role of drone in various services that can control crime, detect mishapening and
compliment first hand responder in their services. The effectiveness of drone or
unarmed vehicle for surveillance can cover the shortage of manpower and aid in
various functionality.
7. References
AFP 2020. Israel, Jordan among Mideast Countries Deploying Drones in Virus
Response. The Times of Israel. 5 April. From <https://www.timesofisrael.com/israel-
jordan-among-mideast-countries-deploying-drones-in-virus-response/> (Retrieved on
8 April 2020). Battling Coronavirus: ECOR Deploys Drones For Surveillance Guarding
Vital Installations 2020. 7 April.
OMMCOM News. From <https://www.ommcomnews.com/odisha-news/battling-
coronavirus-ecor-deploys-drones-for-surveillance-guarding-vital-installations>
(Retrieved on 8 April 2020). Beake N 2015.
London Airport Police to Use Surveillance Drones. BBC. From
<http://www.bbc.com/news/uk-england-london-32431630 (Retrieved on 29 July 2020).
Bengaluru City Police Using Drones to Monitor Lock-down 2020. 8 April. The
Economic Times. From<https://economictimes.indiatimes.com/news/politics-and-
nation/coronavirus-spread-bengaluru-city-police-using-drones-to-monitor-
lockdown/videoshow/75049342.cms> (Retrieved on 8 April 2020). Bento M 2008.
Unmanned Aerial Vehicles: An Over-view. Inside GNSS 54. From
<https://www.insidegnss.com/auto/janfeb08-wp.pdf> (Retrieved on 8 April 2020).
Tabbara, Robert. ‚Drone Surveillance: How Criminals Are Using Drones to Commit
Crimes.‛ 911 Security, https://www.911security.com/blog/drone-surveillance-how-
criminals-are-using-drones-to-commit-crimes.
McNeal, G. (2016, August 23). Drones and aerial surveillance: Considerations for
Legislatures. Brookings. Retrieved December 16, 2021, from
https://www.brookings.edu/research/drones-and-aerial-surveillance-considerations-
for-legislatures/
Cops office: Grants and Resources for Community Policing. (n.d.). Retrieved December
16, 2021, from https://cops.usdoj.gov/RIC/%20Publications/Publications/cops-w0864-
pub.pdf
(PDF) drones as futuristic crime prevention strategy: Situational Review during COVID-
19 lockdown. ResearchGate. (n.d.). Retrieved December 16, 2021, from
https://www.researchgate.net/publication/344307936_Drones_as_Futuristic_Crime_Pre
vention_Strategy_Situational_Review_during_COVID-19_Lockdown
Agenda 2: Militarization of the South China Sea
1. Introduction
The South China Sea is a marginal sea south of China (may be abbreviated as SCS). It
is a part of the Pacific Ocean, encompassing an area from Singapore to the Strait of
Taiwan of around 3,500,000 km². It is the largest sea body after the five oceans. What
makes this large body of water particular is its commercial importance. Most of the
global trade to and from East Asia is extremely dependent on the route of the South
China Sea. The estimated value of annual shipping is 5.3 trillion dollars. Other than
trade and shipping, the region hosts %10 of the global fishing, enabling an enormous
area of profession for the residents who live in countries which border the region. The
South China Sea is bordered by Brunei, Cambodia, China, Indonesia, Malaysia, the
Philippines, Singapore, Taiwan, Thailand and Vietnam. In accordance with these
benefits, China has been pressing its Asian and Global foreign affairs in order to take
control of the region. The Chinese claim of the region relies on historical ownership of
the area which is based on the expeditions conducted by the Ming Dynasty between
the years of 1368-1644. However this claim has been severely criticized by the global
community on the grounds of its contradictory of the 1981 United Nations International
Sea Laws. The law states that a country may only demand ownership of sea if such
territory is within the country’s ‚exclusive economic zone (EEC)‛ which extends 200
nautical miles from the shoreline. Startin in 2009, Beijing has sought to legitimize and
secure its disputed territorial claims in the SCS. Thereafter, on various islands in the
South China Sea, the Chinese military has established bases that include anti-ship
cruise missiles, fighter jet installations, anti-aircraft defenses, and other advanced
military installations which are located outside of China's internationally recognized
borders. In 2016, China’s ‚ Nine-Dash Line‛ claim to the South China Sea was ruled by
The Hague however this ruling was entirely ignored by the Chinese Government. With
the growing threat of Chinese militarization, bordering nations face a grave menace to
their borders and the global powers such as The United Kingdom, France, Germany,
and The United States ,which priorly maintained their neutrality upon the issue, have
begun to take a stronger stance of condemning the Chinese intervention in SCS.
China: As mentioned previously, the Beijing government had begun the initial process
of the Chinese military intervention for its claim on SCS in 2009. However after the
election of Xi Jinping in 2012, the intensity of the issue has significantly risen. Under
the authority of Xi Jinping’s presidency, China has built 5 artificial islands for military
purposes and currently owns 20 outposts in the Paracel Islands and 7 in the Spratlys.
The Chinese coast guard has also been present and in control of the Scarborough
Shoal since 2012.
Taiwan: Taiwan claims sovereignty over all the island groups in the South China Sea
and jurisdiction over adjacent waters: Spratlys (Nansha), Paracel (Xisha), Pratas
(Dongsha), Macclesfield Bank (Zhongsha). Itu Aba and Pratas Islands have been in
control of Taiwan since the 1940s. With the growing Chinese pressure The United
States offers Taiwan protection from the Chinese military force. The controversiality of
this issue however is undeniable due to the fact that Taiwan is recognized by neither
the United Nations nor the United States. Since Taiwan has no official recognition as a
nation, they are not protected by the United Nations Convention of the Law of Sea
(UNCLOS), meaning that their claim over the region is not legitimized. Nonetheless, it is
evident that the USA and Taiwan have an unofficial relationship.
Malaysia: The relationship between Malaysia and PR China has been tense on the
issue of the South China Sea. Malaysia has protested over the presence and activities
that China has been conducting in the island of Borneo. Aforementioned island is said
to be within the exclusive economic zone of Kuala Lumpur which is the capital city of
Malaysia. Additionally, in 2020 Malaysia and China were involved in a months-long
standoff in the sea off Sarawak where Petronas, Malaysia’s national oil company, was
exploring for oil and gas. China also sent a survey ship to the area on that occasion.
Philippines: Philippines has been strictly opposing the Chinese intervention in the
South China Sea since Xi Jinping’s regime started. Between the years of 2013 and
2019, the Republic of Philippines brought up an arbitration case against the People’s
Republic of China under Annex VII to the UNCLOS, in regard to the illegitimate claims
of sovereignty especially in the Spratlys Islands.
United States: The press statement of the Secretary of State, Michael R. Pompeo, in
2020, demonstrates The USA’s stance on the matter clearly: ‚Beijing’s claims to
offshore resources across most of the South China Sea are completely unlawful, as is
its campaign of bullying to control them.‛ The United States bases their rejection of
Chinese policy on UNCLOS and Arbitration between the Philippines and PR China.
3. Key Terms
Exclusive Economic Zone (EEC): This is a term which was initiated in 1982 by UNCLOS
in order to define the maritime borders of the nations. With EEZs, nations are able to
claim sovereignty within their 200 nautical miles from their respective shorelines for the
purposes of such as but not limited to exploration and use of maritime resources of
energy production from natural gas, wind and water. The difference between a
country’s territorial sea and Exclusive Economic zone is: countries have absolute
sovereignty over their territorial sea whereas in their exclusive economic zones they
have a sovereignty right only below the surface of the sea for merely the utilization of
the resources. The surface of the sea is still within the international waters.
The United Nations Convention of the Law of Sea (UNCLOS): The United Nations
Convention on the Law of the Sea (UNCLOS) is an international treaty which was
adopted and signed in 1982. It replaced the four Geneva Conventions of April, 1958,
which respectively concerned the territorial sea and the contiguous zone, the
continental shelf, the high seas, fishing and conservation of living resources on the high
seas.
The Convention has created three new institutions on the international scene: the
International Tribunal for the Law of the Sea, the International Seabed Authority, and
the Commission on the Limits of the Continental Shelf.
4. General Overview
The Nine Dash Line ( also known as the U-Shaped Line) is the maximum extent in
which the Chinese government desires sovereignty in the South China Sea. It was
originally the Eleven Dash Line, however in 1952 Chinese and Vietnamese governments
initiated a camaraderie which resulted with the renunciation of claim from the Gulf of
Tonkin by China. The borders of the Nine
Dash Line encloses 85.7% of the region.
Being the largest body of water after the
five oceans, I hope the delegates can
comprehend the amplitude of the Chinese
territorial claims. Chinese assertion is to
have the islands (the Paracel, Spratly,
Zhongsha, and Pratas) in the Nine Dash
Line in their territorial zone while having
the surrounding waters as their exclusive
economic zones. If China’s historical
territorial claim becomes a reality, China will be able to use the trade profits which is
approximately 5.3 trillion dollars annually and the richness of the region in which an
estimated 11 billion barrels of untapped oil and 190 trillion cubic feet of natural gas is
present. Being in control of the South China Sea means being in control of the
estimated one third of the global trade. With such power China will be a stronger
power among the nations than ever, consequently threatening other global powers'
position in the world of global trade. While countries such as The United States, The
United Kingdom, France, and Germany react to the dispute with respect to the global
economical aspect, bordering nations react to the issue in regard to Chinese invasion
of their exclusive economic zones. Although the Philippines, Vietnam, Malaysia,
Indonesia, and Brunei all have exclusive economic zones that conflict with China's nine
dash line, only the Philippines and Vietnam express consistent, vehement opposition to
the boundary. In the meantime, Malaysia and Indonesia keep a moderate disposition
on the issue, along with Brunei's publicly passive stance.
● Military Situation
China has constructed ports, military installations, and airstrips—particularly in the
Paracel and Spratly Islands, where it has twenty and seven outposts, respectively.
China has militarized Woody Island by deploying fighter jets, cruise missiles, and a
radar system. The Chinese government is actively enhancing their military presence in
the region by building new artificial islands and enlarging the existing ones. With their
political and economic interests at risk, the United States has shown apparent military
intervention in the region. The United States is basing their interference in the dispute
to Freedom of Navigation Operation (FONOP). Freedom of navigation is a principle of
customary international law that states: ships flying the flag of any sovereign state
would not suffer interference from other states, apart from the exceptions provided for
in international law. This principle is protected by the 1982 United Nations Convention
on the Law of Sea Article 87(1)a. Threatening the FONOPs consequently means
threatening the Sea Lines of Communications (SLOCs) of the bordering nations. Sea
Lines of Communications are the maritime routes that are used for conducting trades
to and from the ports. But SLOCs’ cruciality is that they could also be used for logistics
and naval forces in times of war. Chinese claimed ownership of SLOCs will be a grave
danger to the bordering nations’ prosperity and The United States is well aware of that
fact therefore with the aim of protection they deployed aircrafts and a well-equipped
fleet. The Chinese military, the People's Liberation Army (PLA) Navy, has 355 front-line
warships and The U.S Navy by contrast has just 305 front-line ships. In addition, The
British Royal Navy announced they are sending a flotilla through Asia and the South
China Sea. It will be the UK's largest naval deployment in many years. While not being
militarily active, Japan has sold military ships and equipment to the Philippines and
Vietnam in order to improve their maritime security capacity and to deter Chinese
aggression.
● ASEAN
The Association of Southeast Asian Nations (ASEAN) is an organization founded in
Bangkok on 8 August 1967 by Indonesia, Malaysia, Philippines, Singapore and
Thailand and now consists of 10 member states. The organization’s aim is to build
solidarity and enhance policy coherence, efficiency and cooperation among the
member states. With the heated South China Sea dispute at hand, ASEAN desires to
initiate peace, stability and security in the region for its member states. ASEAN hopes
for a ‚code of conduct‛ in order to achieve its goals and create a partially safe
environment for trade. In 2018, ASEAN Ministerial Meeting in Singapore ended with a
surprising announcement of a code of conduct with China and a year later, in 2019,
both parties completed the first reading of the draft of the code of conduct (CoC). The
code of conduct was expected to finalize in 2021 but unfortunately the disagreements
among the member states and their individual private relationships with the Chinese
government, prevented the ASEAN members to reach unanimity on the terms of the
code of conduct. ASEAN’s goal of maintaining regional peace and security with greater
adherence to international law and principles, such as the protection of navigational
routes and overflight in international waters rather than a direct interference to the
armed conflict. These objectives could help contribute to the formulation of a cohesive
Code of Conduct for the SCS. The Treaty of Amity and Cooperation’s High Council can
function as an instrument of arbitration between ASEAN and China in the SCS. One
way to judge efficacy is to see if ASEAN is able to settle internal disagreements using
the High Council. If that is to be implemented, its employment could be considered for
the CoC and for future disputes amongst the Council’s contracting parties. The latter
could be made possible through what appears to be a recent shift in ASEAN
operations. ASEAN informally breached its principle of non-interference and directly
involved itself in the deteriorating situation in Myanmar by releasing a five points of
consensus statement. The statement emphasizes measures to cease hostilities and
move towards peace, which is precedent-setting for ASEAN’s future involvement in
internal and regional disputes.
● South China Sea Arbitration
Although, Philippines had filed UN Arbitration over China’s sovereignty claims and
ASEAN tried to come to an agreement of a code of conduct with the Chinese
government, an efficient solution has not been brought upon for the dispute.
7. Possible Solutions
China has stated previously that they are open for bilateral agreements and since the
ASEAN can not meet a common ground, individual treaties specialized for the involved
parties can be useful to settle the dispute. Moreover an United Nations Convention can
be created for the disarmament for the intense military action. Keeping in mind the
Chinese persistence on their claims, all member states should remain actively seized
on the matter by continuing to gather meetings with China in order to come up with a
settlement on the issue. The delegates should focus on long term solutions that will
end the dispute as well as putting a special emphasis on the short term solutions
which will not necessarily end the problem in South China Sea but help maintain a safe
and disarmed environment for the bordering nations. Also an initiative for transparency
of the involved nations’ actions can be implemented.
8. Useful Links