THE ongoing Asean and East Asia Summits are an opportunity to take a closer look at the South China Sea conflict, in particular, the “nine-dash line” basis of China’s territorial claim to the sea. As a Malaysian, I am naturally biased in favour of my country, but will strive to be objective and appreciate the arguments from China’s perspectives.

Originally 11 curved dashes, the government of the Republic of China released a map in 1947 with arbitrarily placed lines enveloping most of the South China Sea. The Chinese Communist Party inherited the map in 1949 and deleted two dash lines separating North Vietnam and Hainan Island, giving away the Gulf of Tonkin to the former.

Thus, the nine-dash line demarcates an area in the South China Sea comprising the Paracel Islands, Spratly Islands and Scarborough Shoal, a maritime area with overlapped claimants.

The nine-dash line is without coordinates and remains ambiguous. It was only in 2009, when China submitted a map with the nine-dash line to the United Nations, that the Philippines, Vietnam and Indonesia started protesting.

China had based its claims on historical grounds and ancient fishermen’s manuals, which have not been convincingly substantiated.

Claims of ancient sovereignty through artifacts, pottery fragments and navigational handbooks used by fishermen make for a shallow argument. If the finding of relics and sunken treasures were allowed, perhaps, most islands and atolls covering the face of the Earth would belong to the Spanish, Dutch, French and English today. Each country in Southeast Asia, including ours, had our share of fishermen and even pirates roaming the region’s seas. A navigational chart is unlike a map that demarcates the sovereignty of a nation.

Even producing a map with Mandarin names for islands gives no right to a sovereignty claim. There has to be proof that the people of a nation lived on the claimed land. Historically, the seafaring Malay-Polynesians have been fishing and barter-trading in the region long before Admiral Cheng He’s voyage in the 15th century.

The UN Convention on the Law of the Sea (UNCLOS) adopted in 1982, of which China is a signatory and had participated in deliberations, takes precedence over ambiguous historical claims. UNCLOS allows for coastal states to exercise sovereignty over their territorial seas up to 12 nautical miles. It also allows for sovereign rights in a 200-nautical-mile exclusive economic zone (EEZ) with respect to natural resources and economic activities.

Within the 12 nautical miles, known as territorial waters, each coastal state has full sovereignty, but in the EEZ, other nations have freedom of navigation and overflight, and freedom to lay submarine cables and pipelines.

While the EEZ provides for the understandable overlapping of claims by various nations to the South China Sea, China’s case for the nine-dash line territorial claim over most of the sea is both historically and legally weak. In making their case, Chinese scholars and historians tried to make their arguments using an emotional plea, about their bitter experience with Western imperialism and historical humiliation. Their attempt was futile, and made themselves a poor case of their claim. Other Southeast Asian nations were subjects of colonial exploits, too, and they now see China as a big bully.

Besides, the smaller nations also see through China’s strategy of slow and stealthy encroachment onto islands and atolls, and over the years, hoped to gain a major strategic advantage. China is also seen to have violated international treaties, and had infringed on exploration and fishing rights.

On a positive note, Southeast Asians see China’s mercurial rise over the last two decades, and currently being the second-largest economy in the world, as a source of inspiration. Being victims of economic hegemony and imperialistic exploits, they have empathy for China’s historical humiliation inflicted by world hegemons. Other than a few border skirmishes, China has never been a conqueror of nations. China’s Belt and Road Initiative also deserves support, as it provides impetus for economic growth, regionally and globally.

China is a much-welcome additional trading partner, as without it, Asian countries would depend only on the West.

It does not matter if China wants to play the role of an elder brother in the region. By all means – but play fair and take a principled stand, abiding by international laws and conventions. Otherwise, China risks being seen as a fast-growing spoilt brat raised in a one-child family who is always asking “What’s in it for me?”. An elder brother has to give and care. – November 15, 2018.

* Captain Dr Wong Ang Peng is a researcher with an interest in economics, politics, and health issues. He has a burning desire to do anything within his means to promote national harmony. Captain Wong is also a member of the National Patriots Association.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.