Beijing protests after Vietnam asks UN to extend South China Sea continental shelf
- Hanoi’s request, which would give it right to exploit natural resources if approved, comes a month after a similar move by the Philippines
According to Vietnam’s foreign ministry, the country filed a submission on Thursday to the UN Commission on the Limits of the Continental Shelf (CLCS) to seek formal validation of the outer boundaries of its legal continental margin beyond the 200-nautical mile (370km) limit in a contested area of the South China Sea.
If its claim was recognised, Hanoi would gain exclusive rights to exploit natural resources on the extended continental shelf under the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
Chinese foreign ministry spokesman Lin Jian said on Thursday that Vietnam’s “unilaterally submitted claim” included maritime areas encompassing parts of the Spratly Islands and infringed upon China’s “territorial sovereignty and maritime rights”.
Lin said China had protested to Vietnam over the latest submission. He also cited CLCS rules of procedure that state the commission will not consider or qualify a submission if there is a land or maritime dispute in the area.
“Such actions are actually meaningless and only serve to exacerbate existing differences and intensify conflicts, which is not conducive to resolving disputes,” Lin said.
“China will continue to adhere to properly addressing the South China Sea disputes through dialogue and consultation with the relevant parties.”
UNCLOS requires claims for an extended continental shelf to be validated through a formal and scientific process by the CLCS.
Beijing has sweeping claims covering almost all of the South China Sea. However, the Philippines, Vietnam, Malaysia, Brunei and Taiwan all have competing claims to the waterway, which serves as a global shipping hub.
In an arbitration case brought by the Philippines against China, an international tribunal ruled in favour of Manila in 2016, concluding that Beijing’s claims in the South China Sea had no legal basis – a decision Beijing rejected.
According to a statement from Vietnam’s foreign ministry, this is the third extended continental shelf submission Hanoi has filed.
In 2009, Vietnam filed a claim regarding the northern part of the South China Sea. That same year, it also filed a joint submission with Malaysia with respect to the southern part of the South China Sea.
Vietnam presented a diplomatic note to the secretary general of the UN on Thursday rejecting the Philippines’ claim to an extended continental shelf. According to the note, Manila’s claim “encroaches upon Vietnam’s 200-nautical-mile continental shelf and violates Vietnam’s inherent sovereign rights and jurisdiction”.
Hanoi also requested the commission to refrain from considering Manila’s submission until all relevant issues between Vietnam and the Philippines were resolved.
China and Malaysia separately voiced their objections to the Philippines’ claim in June.
It is expected that other claimants will raise objections to Vietnam’s latest submission.
In 2019, Malaysia filed to have its extended continental shelf recognised by the CLCS.
However, the commission deferred consideration of the two separate submissions by Malaysia and Vietnam, as well as their joint submission.
When a deferral occurs, the CLCS will not make recommendations regarding the outer limits of the continental shelf extending beyond 200 nautical miles. Only the outer limits established based on the recommendations of the CLCS will become legal and binding.
