Chinese Island Claims Ruled Invalid

The UNCLOS (United Nations Convention of the Law of the Sea) Tribunal has rendered its decision on the dispute between Philippines and China over regions of the South China Sea.  To the surprise of, well, no one, the Tribunal ruled that,

• It did have jurisdiction over the case via Article 288 of the Convention

• China’s claim of historical rights with in the Nine Dash line (first island chain, essentially) are unfounded

• The Spratley Islands, singly or as a group, were incapable of generating either 12 mile territorial limits or 200 mile Exclusive Economic Zones (EEZ)

• Certain portions of the Sea were within Philippines EEZ

• That China violated Philippines sovereign rights by interfering with Philippines fishing rights, unlawfully constructing artificial islands, and unlawfully allowing Chinese fishing

• China had caused severe damage to reefs and habitats in violation of the UNCLOS agreement

The press release announcing the decision is listed below (1)

China is a signatory to the UNCLOS agreement having signed and ratified both the Convention and Agreement in 1982 and 1994, respectively.  China, by their own agreement, is bound by the Convention.

The decision has been rendered and all that is left is for China to respect and abide by the decision.  This is the moment that China declares, for all the world to see, whether it is a peaceful and law abiding member of the world community or whether it is a rogue nation, flouting international laws and norms and dishonoring its own signed commitments.

I have no doubt which path China will choose and, unless China greatly surprises me, this is also the moment in time when the Chinese apologists lose all credibility.

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(1)http://thediplomat.com/wp-content/uploads/2016/07/thediplomat_2016-07-12_09-15-37.pdf

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