By Rod P. Kapunan (Special Commentator)
Taiwan is separated by a small channel known as the Strait of Taiwan by about 180 kilometres from Chinese mainland . The situation that exists today has somewhat elevated it to one of international issue though the area has been the source of tension since the founding of the People’s Republic of China 1949.
The island of Taiwan which is off the coast of Xiamen was used by the nationalist forces lead by Chiang Kai-shek as their last bastion in their continuing civil war with China that started in the early 30’s. Had it not for the timely intervention of the US Seventh Fleet, the island would have long been reintegrated to the mainland which government is universally recognized as the legitimate government known as the People’s Republic of China.
Because of the on-going but dormant civil war between Chinese mainland and Taiwan, the status of the Taiwan Strait has been treated as an international boundary as if Chinese mainland and Taiwan are two separate states to qualify Taiwan to demarcate its territorial sea of 12-mile limit. It was in the 50’s aawhen Chinese mainland fought an intense war to retake the two islets near Chinese mainland known as Matsu and Quemoy, islands nearest to the province of Xiamen.
The line that allowed the two to demarcate their respective boundaries was mainly conceived just to pacify the two from escalating the conflict. It was not meant to be elevated as a political boundary. China refuses to recognize that for somehow that would give the runaway province the status of a state. Outside of the 12-mile limit which is still beyond the territorial waters of China can now be treated used as international waterway, where all vessels passing through can claim the right of freedom of navigation under international law, which is exactly what they US and Australian navies are doing.
China has not recognized the Strait of Taiwan as an international waterway. Rather, the whole of Taiwan Strait if part of its territorial waters consistent to its position that Taiwan remains a part of China. To acquiesce that artificial boundary is to treat Taiwan as a separate state, a clamour now being sounded by the present government to seek independence. US navy’s insistence of treating the strait as an international waterway is more of geopolitical and for strategic consideration. In May of 2019, U.S. Pacific Fleet spokesman Cmdr. Nathan J. Christensen commented that “The US Navy will continue to fly, sail and operate anywhere international law allows.” His comment came after two U.S. Navy ships had sailed through the Taiwan Strait.
The US and its allies must take not that there are more restrictions and limitations on naval ships to avail of its right of freedom of navigation and to right of innocent passage. These limitations are more strictly confined to issues of sovereignty and security. Aside from being claimed by China as part of its territory, the entry and navigation of foreign warships in what it considers part of its territory is in derogation of its sovereignty. What the US navy is doing is akin to exercise its old practice of “gunboat diplomacy” to intimidate other countries or to enforce the “Monroe Doctrine, as what it did in Latin America to prevent foreign countries from farther colonizing that continent to be treated as exclusive only to the US. Such “gunboat diplomacy” shmuck of China’s sovereignty as an independent state.
Freedom of navigation apply mostly to commercial shipping in cases of emergency or distress call to dock in the nearest port. The Strait of Taiwan is not open to foreign warships for as said that body of water is considered part of China. Besides, there is no major port in the strait where vessels have to regularly make their port of call to load and unload cargoes. The port of Xiamen which ranks no. 9 is located on the Jiulongjiang River estuary in Fujian province. While it is right at the centre of the Taiwan Strait, the port is mainly used for strait crossing of tourists but not for the shipment of cargoes in and out of Chinese mainland or Taiwan. This now necessitate other vessels to slightly curve outward to avoid the sensitive strait that separates Chinese mainland and Taiwan.
There are no international ports in Chinese mainland and Taiwan that is located in the conflict zone. The 10 top ports in China are as follows: 1. Port of Shanghai, the port hold new world record of 40 million (20 footer containerized cargo) TEUs handled in 2017. It is not only the busiest port in China, but also of the world. 2. Port of Shenzhen. Located in Guangdong Province, the port managed 23.98 million TEUs in 2016. 3. Port of Ningbo-Zhoushan, holds the crown for being the first port to handle 1 billion tonnes in cargo. The port has a huge crude oil terminal and ore loading berth, and home to a domestic liquid chemical storage space. 4. Port of Hong Kong formerly the world’s top port. Analysts say Hong Kong may lose its place in the top 5 ports in the world should cargo handling trends persist. 5. Port of Guangzhou located at the mouth of Guangdong Province’s Pearl River. It handles mainly manufacture industrial and agricultural goods. In 2016, it managed 17.59 million TEUs. 6. Port of Qingdao famous as an international transhipment. It is located in the Yellow River basin in eastern China’s Shandong Province. In 2016, it handled 17.44 million TEUs; 7. Port of Tianjin, This is the largest port in northern China, serving 11 northern provinces as well as Mongolia. It is the largest man-made seaport in China linking Northeast Asia and Central and West Asia; 8. Port of Dalian is the second-largest container transhipment hub in mainland China. It boosts its trade movements to and from the Pacific. 10. Port of Yingkou, This northeastern Chinese port handled 5.92 million TEUs in 2016 and continues to grow. It is the second-largest port in the northeastern region after Dalian. Its main cargo types include grain, sugar, minerals, coal, steel, and vehicle imports.
The routine and regular navigation of US navy ships in the Taiwan Strait amounts to patrolling on the territorial waters of China. It is the US that is provoking China because its regular presence, nearness and proximity to China can equally be interpreted as provocation. For that matter only the US navy and Australia have so far crossed the strait as if to taunt China on their misplaced freedom of navigation despite the heightened tension caused by President Trumps attempt to economically to decouple China.
Some observers feel it is only a matter of time as to when this informal modus vivendi will last or a case of miscalculation could start a prairie fire. The US knows China has drawn the red line to avoid direct confrontation like what it did in Korea to warn it not to cross the 38th parallel. China has repeatedly warned the US that to sell weapons or establish military bases in the island to threaten its security or for Taiwan to declare is independence which is a no no policy that could break China’s tolerance. As of now Pompeo is testing the “no two Chi policy” by wooing countries to reopen diplomatic ties with Taiwan like what the Czech Republic did. This could put to test how the US can go on in brokering losing and isolated states. It is not even a state that is a member and recognized by the United Nations.