Beijing to launch giant floating islands in SOUTH CHINA SEA
In response to regional concerns over the large scale and pace of its conversion of coral reefs into military outposts in the South China Sea, China is contemplating an even more audacious move - floating islands in the disputed Spratlys.
A recent report in the award-winning US magazine Popular Science says the floating islands have been designed and constructed by two Chinese companies - Jidong Development Group (JDG) and Hainan Industrial Company, as announced by JDG at an April press conference. According to the magazine, the first floating island will be a deep-sea support project in the South China Sea.
Civilian and military use
The floating islands can support both civilian and military missions, will have a full displacement of 400,000 to 1.5 million tonnes, and can move at a speed of 16 kilometres (9 nautical miles) per hour. These floating islands are capable of carrying many marine battalions and a squadron of fighter aircraft. China, no doubt, will have a new tool to pursue its nine-dash line territorial claim over almost the entire South China Sea. Significantly, at the press conference, guests included a PLA officer, suggesting the Chinese military's interest in the dual use in JDG's technology.
The strategic use of floating islands goes back to World War II. In fact, there are many artificial sea constructions currently being used for civilian purposes and specialised scientific research, with Shell Australia's Prelude - the world's first floating liquefied natural gas platform - one notable example. But this is perhaps the first time that the new Chinese-designed mobile floating islands have amphibious functions and can also be used for large-scale defence purposes.
The implications are far-reaching in the context of the South China Sea, which is grappling with competing maritime claims. What is the legal status of such floating islands? Are mobile man-made islands considered artificial islands? If they are artificial structures, under Article 60 of the United Nations Convention on Law of the Sea (UNCLOS), they shall be given a 500-metre-radius safety zone. If they are ships/vessels, they enjoy the right of innocent passage through coastal states' 12-nautical-mile territorial seas.
If those ships belong to the armed forces, they may be entitled to immunity when operating wherever at sea under another international maritime convention for the prevention of pollution, known as MARPOL. Indeed "floating islands" may fall within the definition of "ship" - "a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating crafts and fixed or floating platforms". International law does not yet have appropriate provisions to deal with such new technologies.
Advantages of floating islands
In its claim for sovereignty over parts of the South China Sea, China has thus far deployed aircraft carriers and mobile oil rigs as well as artificial islands built up from coral reefs. Beijing should perhaps clarify its intentions behind the construction of the mobile islands, which possess at least five advantages:
l First, they have high mobility. With a speed of 9nm/h, these islands could be considered as ships that are slow-moving, but more flexible than drilling platforms. And in theory, unlike aircraft carriers and drilling platforms, they do not require strong escort forces, which are rather costly. They are superior to artificial islands, which are fixed in one place. The floating islands could change their positions and thereby deploy deterrent systems from many different directions, expanding the ability to control the sea and the sky. They are well-suited to support the establishment of an air defence identification zone (ADIZ).
l Second, they are highly accessible. Aircraft carriers and drilling platforms are symbols of threats to security and natural resources, but floating islands enjoying the rights of civilian vessels. These could easily approach the coast of the countries bordering the South China Sea and enter their 12-nautical-mile territorial seas, posing a direct threat to the security of the coastal states that these countries could not easily prohibit or prevent. This would help enforce China's nine-dash-line claim to the sea right up to the coastlines of Vietnam, the Philippines, Malaysia and Brunei.
l Third, they have an excellent safety profile. The design of floating islands is modular, which would also make them difficult to sink - though they cannot easily avoid being destroyed, for instance, by a ship-to-surface missile. Constructing a mobile island costs less than an aircraft carrier or drilling platform.
l Fourth, they are highly adaptable. The floating islands could self-supply. They have the ability to transport and supply fuel, water and necessities. Unlike artificial islands, they need not depend on other sources for supply. This helps increase their operating time and range in the sea.
l Fifth, they are highly versatile. They can meet both civilian and military purposes, and serve as construction equipment or vessels at sea. They will clearly be able to take advantage of whatever loopholes there are in the international law of the sea. Other countries will find it difficult to oppose or apply appropriate measures to prevent the operation of such islands or vessels.
Time for a meeting on maritime law
The international law of the sea is effective only when there is a strong international consensus. Land reclamation and the construction of floating islands in the South China Sea are contrary to Article 5 of the Declaration on the Conduct of Parties (DOC) in the South China Sea signed between Asaen and China in 2002. They cause serious concern for the countries bordering the South China Sea and also threaten the peace, stability, freedom of navigation and overflight as well as the environment in the sea.
It is high time for the leaders of this region's states to hold a joint meeting and a maritime law conference on the South China Sea issue. UNCLOS is an important document for sea management but there are still many points to be elucidated. Scientific and technical developments have rendered the provisions made 33 years ago outdated.
The problem now is no longer one of sovereignty disputes between countries. The international community is facing a common concern: the marine environment and the freedoms of navigation and aviation in the South China Sea are under threat.
NGUYEN HONG THAO is an assistant professor in law at the National University of Hanoi, and also serves at the Diplomatic Academy of Vietnam.
http://www.nationmultimedia.com/opinion/Be...--30259570.htmlThis post has been edited by BorneoAlliance: May 8 2015, 07:49 AM