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prior consent. This stance is "based on national security interests exclusive authority over
maritime scientific research and resource management interests, and environmental protection
interests." To begin, China contends that the United States lacks power to make text-based
opinions since it is not a party to the UN Convention on the Regulation of the Sea. Despite the
fact that this argument has no legal consequences, it effectively diverges from China's more
challenging concerns. Furthermore, the United States' desire to benefit from UNCLOS having
not joined the Convention adds to the impression that the United States is still an intruding
authority with minimal interest in true cooperation in the region. 1 China's basic UNCLOS
textually-based debate is that military operations in the EEZ undertaken without the approval of
the coastal State defy UNCLOS Article 301, which states that states "shall refrain from any
threat or use of force against the territorial sovereignty or political sovereignty of any State, or in
any other manner incoherent with the principles of international law embodied in this
Convention." According to Chinese analysts, US military actions in the EEZ facilitate the
collecting of data that might be used to assist military functioning against China, in defilement of
Articles 301 and 882.Local support for foreign surveillance processes might dwindle as well,
especially if these activities are seen as damaging to overall US-China relations or if foreign
surveillance operations are based on mutual rights for Chinese containers to conduct surveillance
in US waters. The American public permitted Soviet AGIs in American seas during the Cold
War, to the degree that it was aware, does not indicate that equivalent Chinese monitoring would
be acceptable now. However, ASEAN has failed to persuade China to reevaluate its assertive
1
R. Pedrozo, “Preserving Navigational Rights and Freedoms: The Right to Conduct Military Activities in China’s
Exclusive Economic Zone,” Chinese Journal of International Law 9, no. 1 (March 1, 2010): 9–29,
https://doi.org/10.1093/chinesejil/jmq007.
2
Camille Goodman, “Rights, Obligations, Prohibitions: A Practical Guide to Understanding Judicial Decisions on
Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone,” The International Journal of
Marine and Coastal Law 33, no. 3 (August 22, 2018): 558–84, https://doi.org/10.1163/15718085-12323082.
maritime legal and political claims. China continues to put off developing a South China Code of
Conduct with ASEAN. Chinese representatives have expressed a readiness to talk about a Code
of Conduct in the past. As other nations want a quick remedy to their issues and hope to hammer
out a code in a day, China favors a gradual approach. This approach is neither severe nor
practical.
Beijing has sought to legitimize and defend its disputed South China Sea territorial
claims (SCS). However, considering China's growing militarization of the South China Sea
during the last nine years, such a step looks unavoidable. In 2014, it finished work on extending
the runway there to accommodate military aircraft. 3 As indicated above, China has a lot to lose
from the war. China is set to be economically darrained by the war. This will therefore affect its
economic position. Both financially and militarily, China has evolved. China's military
capabilities have grown exponentially, as have the lethality, precision, range, and number of its
weapons systems. On top of that, Beijing's belligerent language and methods have intensified.
The South China Sea despite being a spot of immense geo-political conflict is also an
environmental gem. The parties that are interested over the rights of the South China Sea, are
interested in the natural resources, dominance, sovereignty over the territory, airspace and
marine time in the region. Over the past, with the intensified conflict over the South China Sea,
the claiming nations have accelerated their measures to claim sovereignty over the area.
Artificial islands are being built around the region. This drastically increases the level of
pollution across the region. Air and water pollution is on the rise due to the processes of building
the artificial islands. The militarization of the South China Sea has also led to increased water
and air pollution. The countries that claim sovereignty over the South China Sea have also
3
Gregory Poling, “Spratly Airstrip Update: Is Mischief Reef Next?,” Asia Maritime Transparency Initiative, 2018,
https://amti.csis.org/new-imagery-release/.
increased their drilling for hydrocarbons. Not only does the drilling increase pollution rates, it
also risks leaks and disrupts the ecosystem. All the nations that are pushing for sovereignty over
the South China Sea have contributed to the environmental degradation experienced in the area.
It is crucial that the interested nations stop degrading the environment for their own personal
interests.
The conflicts over the sovereignty of South China Sea have caused unrest. The strategic
geopolitical strategic region which is also rich in resources has led to a series of diplomatic spats
and conflicts in the region. The tension in the region is on the rise as the countries militarize the
region. The militarization by the countries may restrict nautical free movement in the region. The
disputes do limit open and free navigation through the region. Fuel has been poured to the fire by
national pride, commerce and military aspirations and historical and symbolic ties.
Confrontations between carriers of aircraft, fishing vessels, bombs and seaplanes filled by
different claims in the area have caused deadly standoffs, demonstrations and bad diplomatic
ties. The conflict has led to the death of hundreds of people. This shows that the conflict affects