Saturday, October 31, 2015

China's nine-dash-line claim in the South China Sea will finally get its day in court

But China won't be there to defend it.

From the story here in The Diplomat:

On Thursday, October 29, the Permanent Court of Arbitration awarded its first decision in the The Republic of Philippines v. The People’s Republic of China. The court ruled that the case was “properly constituted” under the United Nations Convention on the Law of the Sea, that China’s “non-appearance” (i.e., refusal to participate) did not preclude the Court’s jurisdiction, and that the Philippines was within its rights in filing the case. In short, Thursday’s decision means that the Permanent Court of Arbitration rules in the Philippines’ favor on the question of jurisdiction. With the jurisdictional issue resolved, the case can move forward to evaluating the merits of the Philippines’ legal assertions in the South China Sea. ...

First, and most vexing for China, is the status of Beijing’s nine-dash line claim in the South China Sea. Manila argues that the nine-dash line is an excessive maritime claim and not in line with the entitlements for coastal states under UNCLOS. With jurisdiction question resolved, we can look forward to China’s nine-dash line getting its day in international court (although, notably, without China taking part to defend it). China has kept the scope of its nine-dash line ambiguous under formal and customary international law, but once the Court decides on the matter, its ability to maintain ambiguity will be limited.

Second, based on the first point, that the nine-dash line is an excessive claim, the Philippines is arguing that China’s occupation of various features in the Spratly Islands is illegal.