Taiwan’s Stake in the Western Pacific
By Ma Ying－jeou
Taiping is an island that deserves a large exclusive economic zone. The same can’t be said of Japan’s Okinotori reef.
Right now in the Western Pacific， Taiwan is mired in two disputes over the legal status of an island. These claims hinge on the very definition of an island under the United Nations Convention on the Law of the Sea， and their outcome stands to influence the way maritime business is conducted the world over.
At The Hague， the Philippines is in the middle of an arbitration case against mainland China. As part of its argument， Manila is attempting to downgrade to the status of a mere rock Taiwan’s Taiping Island （also known as Itu Aba）， in the South China Sea.
According to Article 121 of the United Nations Convention on the Law of the Sea， or Unclos， an island must be able to sustain human habitation and economic life in order to claim a continental shelf and an exclusive economic zone （EEZ） of 200 nautical miles. Any rock that doesn’t meet these two criteria can only claim territorial waters of 12 nautical miles.
During a hearing before the Permanent Court of Arbitration at the end of November， the Philippines claimed that Taiping Island has no fresh water or arable land， and human inhabitation is impossible without supplies imported from outside. It is therefore， according to the Philippines， only a rock. That claim is patently false.
Taiping Island， the largest naturally formed land feature in the Nansha （Spratly） Islands， covers an area of 0.51 square kilometers. It has ample natural fresh water. It has arable land， with natural and fertile soil that produces more than 10 species of fruits and vegetables. It supports chickens， goats and dogs. The island has dense stands of native tropical trees that are more than 100 years old and range from 10 to 20 meters tall. There are historical traces verifying almost a century of human habitation and economic activity on the island.
Meanwhile， Japan is asserting that its Okinotori reef are not rocks but an island， and therefore entitled to a continental shelf and EEZ. Based on that illegal claim， on April 26 Japan detained a Taiwan－registered fishing boat operating outside Okinotori’s territorial waters. The ship’s captain was strip searched， and the ship’s detainees released only after a ¥6 million “security deposit” was paid.
Japan’s intent to establish state practice in that maritime area is clear. But Okinotori reef consists of two rocks that are barely 16 centimeters above water at high tide， with a total area of only 9 square meters， or about the size of two king－size beds. Okinotori reef， with no fresh water or arable land， cannot sustain human habitation or economic life. More than 100 Japanese members of Parliament are currently registered as “residents” of Okinotori， but in reality it’s not clear that 100 people could even gather on these reefs.
According to Unclos， the Okinotori land feature can only claim 12 nautical miles of territorial waters. Outside of that， the surrounding area must be considered international waters， not Japan’s EEZ. Japan has erected steel structures and reclaimed land from the surrounding sea， but according to Unclos these artificial islands and man－made installations don’t validate sovereignty claims or grant rights to territorial waters.
Japanese government vessels that detain Taiwan fishing boats are in violation of Article 87 of Unclos， which provides for freedom of fishing for all countries on the high seas. Such illegal actions inflict considerable damage to Japan’s image as a responsible partner in the global community. It also undermines the deep friendship between the Taiwanese and Japanese people that was most recently on display after strong earthquakes struck both countries.
My government has already lodged a formal protest with Japan regarding its illegal and excessive claims and abuse of power in the maritime area surrounding Okinotori reef. Taiwan’s legislature also issued a formal condemnation.
As a state party to Unclos since July 1996， Japan should not violate the law’s provisions. On May 1， I therefore dispatched coast－guard vessels to that area to protect our fishermen’s rights and actively safeguard freedom of fishing on the high seas for all nations.
I also appeal to the tribunal regarding Taiping Island：Its decision， to be delivered soon， should not negate Taiping’s true status as a bona fide island with the requisite rights to a continental shelf and EEZ. The international community shouldn’t turn a blind eye to Japan’s illegal and excessive maritime claims associated with Okinotori reef. No country should be allowed to violate Unclos.
Mr. Ma is the president of the Republic of China （Taiwan）.
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