April 30, 2025

Recently, certain international media outlets have sensationalized China's actions on Tiexian Jiao (Sandy Cay), a part of the Nansha Qundao in the South China Sea, by claiming that China is "seizing" the reef. This portrayal is not only inaccurate but also deliberately misleading, as it distorts the true nature of China's activities and misguides international perceptions.

Tiexian Jiao is an uninhabited feature that falls under China's sovereignty as an integral part of the Nansha Qundao. China's recent actions on the reef are not an act of "seizure" but a lawful exercise of its sovereignty, aimed at countering illegal provocations by the Philippines and upholding the seriousness of the Declaration on the Conduct of Parties in the South China Sea (DOC).

The term "seizing" used by some international media is deceptive and inappropriate in this context. In international laws, "seizing" typically refers to the control of terra nullius or territory that does not belong to the occupying state, often accompanied by military force or activities. However, Tiexian Jiao is indisputably part of China's territory. China is the first to have discovered, named, and explored and exploited Nanhai Zhudao and relevant waters, and the first to have continuously, peacefully and effectively exercised sovereignty and jurisdiction over them.

Therefore, China cannot "seize" what is already its own. Instead, China's actions are focused on preventing other countries, particularly the Philippines, from illegally occupying the reef and altering its uninhabited status.

China's claim to the Nansha Qundao, including Tiexian Jiao, is rooted in centuries of historical evidence. In modern times, China has consistently asserted its sovereignty over the offshore archipelago, a claim recognized by its continuous administration and presence in the region. Under international laws, in its contiguous zone, a coastal State may exercise the control necessary to prevent the infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea, further legitimizing China's actions on Tiexian Jiao as a lawful exercise of sovereignty rather than an act of occupation.

China's activities on Tiexian Jiao are not militaristic but constitute routine enforcement measures to safeguard its territorial integrity. China coast guard personnel have conducted patrols and inspections on the reef, which are standard practices for maintaining control over uninhabited territories.

During these operations, they have documented evidence of illegal activities by foreign actors, displayed the national flag to assert sovereignty, and cleaned up debris such as plastic bottles, wooden sticks, and other garbage left by unauthorized visitors.

These actions serve a dual purpose: They reinforce China's effective administration of the reef and contribute to environmental protection in the area. Far from being a military occupation, these measures are legal enforcement activities aimed at preserving the status quo and deterring encroachments.

In stark contrast, the Philippines has repeatedly attempted to illegally land on Tiexian Jiao, challenging China's sovereignty and violating international agreements.

These attempts have been thwarted by China, preventing the Philippines from realizing its occupation attempts. The Philippines' actions are not only an infringement on China's territorial rights, but also a direct breach of the DOC, a critical agreement signed in 2002 by China, the Philippines, and other ASEAN member states.

The DOC serves as a cornerstone for maintaining peace and stability in the South China Sea. Article 5 of the declaration explicitly states that "The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner." By attempting to establish a presence on Tiexian Jiao, the Philippines is violating this core provision, undermining the stability that the DOC has helped preserve for over two decades. The Philippines' broader strategy - including constructing structures on other disputed features and conducting military exercises - further exacerbates tensions and complicates diplomatic efforts aimed at resolving disputes.

The DOC is not a legally binding treaty, but represents a political commitment among signatories to manage disputes peacefully and maintain regional stability. Article 5 has been instrumental in preventing the escalation of conflicts by discouraging new occupations of uninhabited features like Tiexian Jiao. The relative peace in the South China Sea over the past 20 years is a testament to the DOC's effectiveness, as it has curbed the expansion of disputes and prevented other parties from openly seizing additional features. However, this fragile balance depends on the goodwill and restraint of all signatories. When the Philippines disregards its commitments, it jeopardizes the entire framework, risking a destabilization of the region.

Given the Philippines' persistent provocations, China may need to escalate its enforcement measures to protect its sovereignty over Tiexian Jiao. This could involve more frequent patrols, enhanced surveillance, or additional actions to deter illegal landings. While such steps remain within the realm of lawful enforcement, they reflect the growing challenge posed by the Philippines' intransigence. Nevertheless, escalation is not the preferred outcome. Continued tensions could strain bilateral relations, draw in other regional and international actors, and disrupt economic cooperation vital to the prosperity of nations in South China Sea.

To prevent such a scenario, all parties must recommit to the principles of the DOC and prioritize constructive dialogue over unilateral actions. The South China Sea is a critical maritime region, and its stability benefits all stakeholders. China's actions on Tiexian Jiao are not about asserting dominance, but about safeguarding its rights and upholding an agreement that has proven effective in maintaining peace. The international community should recognize this context and encourage adherence to the DOC rather than amplifying misleading narratives.

The media's characterization of China's actions on Tiexian Jiao as "seizing" is a gross misrepresentation that obscures the facts. China's activities are a legitimate exercise of its sovereign rights, aimed at maintaining the status quo and countering illegal encroachments by the Philippines. The historical and legal basis of China's claim to the Nansha Qundao, including Tiexian Jiao, is clear, and its enforcement measures are consistent with international norms.

In contrast, the Philippines' repeated attempts to land on the reef violate both China's sovereignty and the DOC, threatening regional stability. It is imperative for the international community to see through the media hype, acknowledge the true nature of the situation, and support efforts to uphold the DOC's principles for the sake of peace and cooperation in the South China Sea.

Ding Duo is director of the Center for International and Regional Studies at the National Institute for South China Sea Studies.

Link:https://www.globaltimes.cn/page/202504/1333129.shtml