HI DI ASIA TENGGARA
Paper : Brunei Darussalam in South China Sea
Oleh:
LUTHFI FEBRI RAMADHANI 151150126
BAGUS SUBKHAN 151150129
YOSUA FEBRO GUNAWAN PERANGINANGIN 151150147
JURUSAN ILMU HUBUNGAN INTERNASIONAL
FAKULTAS ILMU SOSIAL DAN ILMU POLITIK
UNIVERSITAS PEMBANGUNAN NASIONAL “VETERAN”
YOGAKARTA
Background of Brunei Darussalam
Brunei has land areas of 5,765km2. Is divided into two region, the west region and the east region. The western region consists of three areas Tutong, Belait, and Brunei, while its eastern region is Temburong. Brunei Darussalam has borders with Malaysia on the east and west, and also South China Sea on its northern part directly.1 Where there are South China Sea dispute conflict between China and some of ASEAN countries. Brunei has impacted over Chinese claims toward the South China Sea. Where China use the history map to claim the entire area of the South China Sea with the nine dotted line.2 Directly Brunei must defend its territory with a policy that has been contained in UNCLOS 1982 (United Nations Convention on the Law of the Sea), about territorial sea zones along 12 miles and the exclusive economic zone along 200 miles.3 Besides the dispute claims each other’s over South China Sea territory, Brunei Darussalam also made bilateral cooperation with ASEAN countries, one of them with Socialist Republic of Vietnam.
1. Brunei Prespective on South China Sea
Brunei’s claims originated in 1984, after it gained independence from Britain. The same year, Brunei signed the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and declared an Exclusive Economic Zone (EEZ) of 200 nautical miles. Brunei’s claim to the
1 D. Endarto, “States of Brunei Darussalam”, access from http://www.ssbelajar.net/2014/07/negara-brunei-darussalam.html, on 10 April 2017.
2 Gregory B. Poling, “The South China Sea in Focus: Clarifying the Limits of Maritime Dispute”, A Report of the CSIS Sumitro Chair for Sutheast Asia Studies, 2013, page 6.
South China Sea includes the maritime features of Bombay Castle, Louisa Reef, Owen Shoal, and Rifleman Bank of the Spratly Island chain.
In contrast to the more vocal governments in Manila and Hanoi, not much is heard these days concerning Brunei’s claims, which are not formal and are more associated with maritime jurisdiction rather than sovereignty. In addition, Brunei is the only claimant of the six Southeast Asian nations (Brunei, Indonesia, Malaysia, the Philippines, Taiwan and Vietnam) which does not occupy any maritime features or maintain a military presence in the Spratly Island chain.4
On this South China Sea dispute, Brunei generally remain silent.
2. Conflict and Cooperation Between Brunei Darussalam and Vietnam on South China Sea Issue
Regard to the dispute over South China Sea, Brunei and Vietnam strengthening relations between them and also with the ASEAN rather than in conflict with them at the dispute cases. Bilateral relation between Brunei and Vietnam in addition to boost their economies and strengthen their relationship, they also used that opportunity to reinforce their claims over the South China Sea.5
Through increase their cooperation in various fields, one of them in the oil and natural gas field. Where is the President of Vietnam Tran Dai Quang visited Bandar Seri Begawan on 26 to 28 August last year. Sultan Bolkiah praised the effective coordination between PetroVietnam and PetroleumBrunei in the field of oil and gas, encouraging Vienamese businesses to further invest in Brunei.
Regarding regional and international issues, the two parties reiterated the significance of preserving peace, stability, security and safety in the East Vietnam Sea (South China Sea). They agreed on the amicable settlement of disputes and collaboration with relevant parties in realizing the Declaration on the Conduct of Parties in the South China Sea (DOC) and establishing a Code of Conduct (COC) for the maritime area.6
3. Conflict Occur
4 Garry Sands, “Brunei, Silent Claimant in the South China Sea”, access from
http://foreignpolicyblogs.com/2016/04/28/brunei-silent-claimant-south-china-sea/ , on 15 April 2017.
5 Nurul and Folda, “KTT ASEAN Brunei Darussalam and South China Sea Issue”, access from
http://id.voi.co.id/voi-komentar/3360-ktt-asean-brunei-darussalam-dan-isu-laut-china-selatan, on 11 April 2017.
China’s sweeping claims of sovereignty over the sea—and the sea’s alleged 11 billion barrels of untapped oil and 190 trillion cubic feet of natural gas—have antagonized competing claimants Malaysia, Vietnam, Brunei, Taiwan, Indonesia, and the Philippines. As early as the 1970s, countries began to claim as their own islands and various zones, such as the Spratly islands, in the South China Sea, which may possess rich natural resources and fishing areas.
China maintains that under international law, foreign militaries are not able to conduct intelligence gathering activities, such as reconnaissance flights, in its exclusive economic zone (EEZ). According to the United States, countries should have freedom of navigation through EEZs in the sea and are not required to notify claimants of military activities. China’s claims threaten sea lines of communication, which are important maritime passages that facilitate trade and the movement of naval forces. In response to China’s assertive presence in the disputed territory, Japan sold military ships and equipment to the Philippines and Vietnam in order to improve their maritime security capacity and to deter Chinese aggression.
Four years after the declaration of its EEZ in 1984, Brunei published a map revealing its jurisdiction over its continental shelf, although maps are now strictly confined to official use only. In 1992, Brunei took issue with Malaysia’s claim over Louisa Reef and also launched a protest over China’s decision to undertake research in nearby waters. In March 2003, Brunei and Malaysia attempted to resolve spats over oil and natural gas resources in Brunei’s EEZ, which had seen both countries sending naval ships to drive each other away.
Fortunately, both countries agreed to a Letters of Exchange in 2009, outlining collaboration in the exploration and exploitation of hydrocarbon resources, the demarcation of land boundaries between the two countries, and Malaysia ceasing its operation of the light beacon on Louisa Reef.
Brunei established diplomatic relations with Beijing in 1991, but since then there has been limited news on discussion over sovereignty issues, which are likely taking place in a discrete, bilateral way, if at all. As a potential counterbalance, Brunei also maintains close relations with Great Britain and the United States, though more as a precautionary measure.7
Conflict Timeline8
7 Garry Sands, “Brunei, Silent Claimant in the South China Sea”, access from
http://foreignpolicyblogs.com/2016/04/28/brunei-silent-claimant-south-china-sea/ , on 15 April 2017.
1946 China claims Spratly Islands
1951 Japan officially relinquishes empire
The Treaty of San Francisco, signed by Japan and a host of Allied powers, officially ends World War II and Japan’s empire, annulling all of Japan’s claims to the South China Sea Islands. However, no official resolution is reached on sovereignty over the Spratlys.
1974 China captures Paracel Islands
China seizes military installations occupied by South Vietnam’s armed forces in the Paracel Islands and reasserts its claims of sovereignty over the Spratlys.
1991 China invokes international law to expand sea territory
China passes the “Law on the Territorial Sea and the Contiguous Zone of the Republic of China,” evoking principles from the United Nations’ definition of territorial waters to formalize its claim to the Paracels and Spratlys.
1995 China occupies the Philippines-claimed Mischief Reef in the Spratlys, just over 130 miles off the Philippine coast. The reef is roughly 700 miles from China’s nearest island, Hainan, and well inside the Philippines' “exclusive economic zone” (EEZ), a term first used in the United Nations’ Law of the Sea.
2000 Philippines troops kill Chinese fisherman, arrest seven
A Chinese fisherman is killed and seven others arrested by Philippine troops near the island of Palawan after they crossed into Philippine territorial waters.
2011 U.S. Senate condemns China's use of force in South China Sea (June)
U.S., Vietnam engage in joint naval drills (July)
Gas giant discovers oil field off Vietnam's coast (October)
U.S., ASEAN lambast China on South China Sea policy (November) 2012 Vietnam passes a new maritime law claiming sovereignty over the Spratly
and Paracel Islands; China raises the administrative status of the disputed islands to the prefecture level.
Philippine president Benigno Aquino announces the country’s western
maritime territory has been renamed the West Philippine Sea.
China submits claims to the East China Sea to the UN following the
purchase of the Senkaku/Diaoyu Islands by Japan’s government.
2013 The Philippines formally initiates arbitration of China’s maritime claims in the South China Sea under the UN convention on the law of the sea with the International Tribunal for the Law of the Sea at The Hague.
Vietnam state media report that a cruise ship of Chinese tourists has
embarked on a journey to the Paracel Islands.
China announces an air defence identification zone in the East China Sea
surrounding the Senkaku/Diaoyu Islands
a collision with a People’s Liberation Army ship while observing China’s
A Chinese fighter jet intercepts a US Navy surveillance aircraft.
The US and Philippines conduct a joint military exercise near Scarborough
Shoal.
People’s Liberation Army Navy admiral Wu Shengli is reported by Taiwan
intelligence to have visited five of the Spratly Islands occupied by China to observe reclamation work there.
2015 China’s foreign ministry asserts that the Philippines has breached a 2002 code of conduct agreed upon by it and ASEAN nations.
2016 Satellite imagery shows China expanding Tree Island and North Island in the Paracels.
Pentagon reports an “unsafe” interception by Chinese jets of a US
surveillance aircraft over the South China Sea
A brief show of unity from ASEAN countries collapses as a statement
expressing “serious concerns” over developments in the South China Sea is abruptly retracted
China ratchets up its media campaign to discredit the validity of any ruling
from the Philippines case after the tribunal says it will announce its ruling on July 12.
4. Brunei Darussalam and Vietnam Cooperation on South China Sea Issue
area surrounding Spratly Islands involves China, Brunei, Indonesia, Malaysia, the Philippines and Vietnam. Before 1960s, the dispute focused on the right of fishery. After 1960s, focus of dispute has been on the right of fishery and ownership of the oil and natural gas. The dispute on the ownership of oil and natural gas reserves has become the major concern in recent years. Of the two types of disputes, the dispute on the territorial claim is the key. According to the United Nations Convention of the Law of the Sea (UNCLOS), once the ownership of territory is decided, the territorial sea, maritime zone and EEC can be set according to the UNCLOS clauses.9
Like Cambodia, Brunei has considerable economic ties to China. While Beijing has leveraged multi-billion dollar concessional loans, investments, and grants to woo comparatively poor Cambodia, it has also become increasingly involved in Brunei's crucial oil and gas sector. Brunei is heavily dependent on its soon-to-be-depleted hydrocarbon resources, which currently account for around 60% of gross domestic product (GDP) and 90% of total export earnings. In the absence of strong democratic institutions, Brunei's ruling royal family depends heavily on hydrocarbon earnings to prop up its security apparatus and appease the population through generous welfare and subsidy schemes. China is thus not only a major customer and source of advanced offshore-drilling technology, but also a means as Brunei's second-largest market for Brunei to diversify its highly hydrocarbon-dependent economy. That diversification has been seen in fast growing bilateral trade. From 2001 to 2011, two-way trade between China and Brunei ballooned from a meager US$100 million to $1.3 billion, surpassing the two sides earlier stated $1 billion target. Brunei has recently exported between 13,000 to 20,000 barrels of oil per day to China, accounting for as much as one-eighth of its total crude exports.10
Here is the methods to resolve the dispute the conflict and how Brunei and Vietnam has a cooperation between this. The dispute on South China Sea can be solved with measures which have been used in successful settlement of other disputes. For example, a legal solution will be quick and lasting. By adopting a legal solution, all claimants will agree to submit the dispute for arbitration to the International Court of Justice (ICJ) who will judge the dispute according to the international laws applicable. A political solution
9 Anonym. “South China Sea Dispute and Resolution”, access from https://www.lawteacher.net/free-law- essays/international-law/south-china-sea-disputes-and-resolution-international-law-essay-law-international-essay.php , on 11 April 2017.
which is also called one track approach will be time consuming but lasting. By adopting a political solution, all parties will discuss the dispute in formal occasions, either at bilateral or multilateral levels. Other measures such as Confidence Building Measures (CBM) can also be applied to avoid further conflict and promote understanding among claimants. Confidence Building Measures can include two track approaches such as the workshop approach or undergoing joint projects in the disputed areas, as well as cooperation in energy exploration. Two track approach is supplements to one track approach. By holding informal meetings and carrying out cooperative projects, claimants can accumulate confidence and understanding.
In the case of the South China Sea dispute, since most of the claimants are reluctant to resolve the sovereignty issue through any of the approaches, a permanent peace is unlikely to achieve for the time being. However, temporary peace is possible. Peace can be obtained when claimants’ interests are attended to. Comparing to the interest of sovereignty, the other two interests are comparatively easier to accomplish, namely security of sea lanes and exploration of natural resources. First, stability and security of the South China Sea are necessary for the economic development of all claimants. Second, previous efforts of all claimants have laid foundation to further carry on negotiations cooperation on issues except territorial claims. In this regard, China’s proposal of setting aside dispute will be a wise choice for all claimants. Due to the complexity of the dispute, no single approach can achieve the permanent peace.
ASEAN and Chinese leaders and other regular ministerial-level meeting mechanisms can review and co-ordinate each country’s behaviour to enhance understanding and cooperation. The ideal goal of the combined approaches is that even though it cannot ensure permanent peace, when the loss of economic interests and political risk outweigh the military gain, according to realist theory, state will act rationally to avoid conflict. Peace is thus sustained.
Conclusion
just do a silence step in that issue, it’s so different with Vietnam who have a big interest in South China Sea. With a cooperation between those country and ASEAN as a regional forum, Brunei and Vietnam try to resolve the problems between both of them with China on SCS.
Blibliography
International Law:
UNCLOS (United Nations Convention on the Law of the Sea) 1982.
Poling ,Gregory B. 2013. The South China Sea in Focus: Clarifying the Limits of Maritime Dispute. A Report of the CSIS Sumitro Chair for Sutheast Asia Studies.
Internet:
Anonym. South China Sea Dispute and Resolution. Access from
https://www.lawteacher.net/free-law-essays/international-law/south-china-sea-disputes-and-resolution-international-law-essay-law-international-essay.php , on 11 April 2017.
Anonym. 2016. Vietnam Brunei to Foster Cooperation. Access from
http://tuoitrenews.vn/politics/36736/vietnam-brunei-to-foster-cooperation, on 11 April 2017.
Endarto, D. 2014. States of Brunei Darussalam. Access from
http://www.ssbelajar.net/2014/07/negara-brunei-darussalam.html, on 10 April 2017.
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http://www.atimes.com/atimes/Southeast_Asia/NL22Ae07.html , on 11 April 2017.
Nurul and Folda. 2013. KTT ASEAN Brunei Darussalam and South China Sea Issue. Access from http://id.voi.co.id/voi-komentar/3360-ktt-asean-brunei-darussalam-dan-isu-laut-china-selatan, on 11 April 2017.
R. Keesee, Jimmy Ricardo. 2016. Disputes in the South China Sea. Access from
https://www.quora.com/What-has-been-the-timeline-of-the-South-China-Sea-conflict-Can-you-explain-the-entire-conflict-in-detail, on 10 April 2017.
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