Contesting Views of the Philippines and China over the Nine-Dash Line in the South China Sea

2021 ◽  
pp. 405-414
Author(s):  
Marthen Napang ◽  
Farida Patittingi ◽  
Zulkifli Aspan ◽  
Achmad Ruslan ◽  
Birkah Latief ◽  
...  
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Dash Line

scholarly journals Should the Diaoyu/Senkaku Islands Be Classified as Islands or Rocks? An Examination in Light of the South China Sea Arbitration Award

2019 ◽  
Vol 34 (2) ◽  
pp. 325-349
Author(s):  
Fayokemi Ayodeji Olorundami
Keyword(s):  
South China Sea ◽  
Continental Shelf ◽  
South China ◽  
Legal Status ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Dash Line ◽  
Senkaku Islands

Abstract In July 2016, an Arbitral Tribunal handed down its award in the South China Sea dispute between the Philippines and China. In addition to considering the legal status of the controversial nine-dash line, the Tribunal also provided the first judicial interpretation of Article 121 of the LOSC, thereby shedding light on what maritime features may be regarded as islands and not rocks within the meaning of that article, and therefore entitled to an exclusive economic zone (EEZ) and continental shelf. This article considers the decision reached by the Tribunal, and the views expressed in the literature, applying them to an analysis that attempts to answer whether the Diaoyu/Senkaku Islands (sovereignty over which is disputed by China and Japan) in the East China Sea would qualify as islands, and thus entitled to an EEZ and as a continental shelf, or as rocks and therefore not so entitled.

Circles of Steel, Castles of Vanity: The Geopolitics of Military Bases on the South China Sea

2016 ◽  
Vol 75 (4) ◽  
pp. 975-1017
Author(s):  
Alfred W. McCoy
Keyword(s):  
New York ◽  
South China Sea ◽  
South China ◽  
New York Times ◽  
The Philippines ◽  
The South China Sea ◽  
Military Bases ◽  
The South ◽  
China Sea ◽  
Dash Line

After four years of rising tensions over China's construction of military bases in the South China Sea, in July 2016 the Permanent Court of Arbitration issued a landmark decision layered with meaning, academic as well as diplomatic. “China's claims to historic rights, or other sovereign rights or jurisdiction,” wrote the panel of five judges, “with respect to the maritime areas … encompassed by the relevant part of the ‘nine-dash line’ are contrary to the Convention [on the Law of the Sea] and without lawful effect.” Writing with unambiguous clarity, the court ruled that China's dredging of these artificial islands for military bases gave it no right whatsoever to the surrounding seas and rebuked Beijing for infringing on waters that the Philippines should rightly control. China's claims to most of the South China Sea within that nine-dash line, which Beijing first published on maps at the height of the Cold War in 1953 and has pursued ever since, “were extinguished,” the court said, by the UN Convention (Gao and Jia 2013, 103–4;New York Times2016; Permanent Court of Arbitration 2016, 68–77, 116–17).

scholarly journals Contesting Views of the Philippines and China over the Nine-Dash Line in the South China Sea

2019 ◽  
Vol 12 (1) ◽  
pp. 180-192
Author(s):  
Marthen Napang ◽  
◽  
Farida Patittingi ◽  
Zulkifli Aspan ◽  
Achmad Ruslan ◽  
...  
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Dash Line

‘Deliberate Ambiguity’ and the Demise of China’s Claim to Historic Rights in the South China Sea

2016 ◽  
Vol 1 (2) ◽  
pp. 164-182
Author(s):  
Robert Beckman
Keyword(s):  
South China Sea ◽  
Continental Shelf ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Exclusive Economic Zone ◽  
The South ◽  
China Sea ◽  
Dash Line ◽  
Economic Zone

The Award of the Arbitral Tribunal in the Philippines v China case was a resounding victory for the Philippines as well as a bold and potentially landmark decision. The key issue for the Philippines was whether China could lawfully claim historic rights to resources within the nine-dash line on Chinese maps, if such areas are within the exclusive economic zone or on the continental shelf of the Philippines under unclos. In deciding this issue the Tribunal had to address the fact the exact legal basis for China’s claim to historic rights in the South China Sea, and the nature and scope of such claims, was ambiguous. The Tribunal addressed the issue of ambiguity in its award on jurisdiction, and ruled that it could draw inferences from China’s conduct in determining the nature of its claim to historic rights. In its Award on the Merits the Tribunal ruled that unclos allocated rights and jurisdiction to the natural resource in the oceans, and that under unclos, coastal States have sovereign rights to explore and exploit the natural resources in their exclusive economic zone and continental shelf. Consequently, whatever historic rights China claimed to resources in the South China Sea, those rights were extinguished when UNCLOS entered into force insofar as they were a claim to resources that are now in the maritime zone of other States.

The South China Sea Arbitration: Bindingness, Finality, and Compliance with UNCLOS Dispute Settlement Decisions

2017 ◽  
Vol 8 (1) ◽  
pp. 36-50
Author(s):  
Hao Duy PHAN ◽  
Lan Ngoc NGUYEN
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Binding Force ◽  
State Compliance ◽  
Dispute Settlement Mechanisms

AbstractOn 12 July 2016, the Tribunal in theSouth China Seaarbitration issued its final award. China rejected the ruling as “null and void”. The Philippines dismissed it as “a piece of paper” after initially hailing the ruling a “milestone decision”. The reactions of the parties concerned raise important questions about the bindingness, finality, and state compliance with UNCLOS dispute settlement decisions. This paper addresses these questions by dissecting China’s arguments that the award “has no binding force” and by examining the options available for promoting compliance with the award. The paper also considers the broader question of how states generally comply with UNCLOS dispute settlement decisions and evaluates the significance of UNCLOS dispute settlement mechanisms, including theSouth China Seaarbitration, in the absence of external enforcement.

Diurnal Cycle of Coastal Convection in the South China Sea Region and Modulation by the BSISO

2021 ◽  
pp. 1-53
Author(s):  
Weixin Xu ◽  
Steven A. Rutledge ◽  
Kyle Chudler
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Boreal Summer ◽  
Total Precipitation ◽  
The South ◽  
Low Level ◽  
China Sea ◽  
Diurnal Cycles

AbstractUsing 17-yr spaceborne precipitation radar measurements, this study investigates how diurnal cycles of rainfall and convective characteristics over the South China Sea region are modulated by the Boreal Summer Intraseasonal Oscillation (BSISO). Generally, diurnal cycles change significantly between suppressed and active BSISO periods. Over the Philippines and Indochina, where the low-level monsoon flows impinge on coast lines, diurnal cycles of rainfall and many convective properties are enhanced during suppressed periods. During active periods, diurnal variation of convection is still significant over land but diminishes over water. Also, afternoon peaks of rainfall and MCS populations over land are obviously extended in active periods, mainly through the enhancement of stratiform precipitation. Over Borneo, where the prevailing low-level winds are parallel to coasts, diurnal cycles (both onshore and offshore) are actually stronger during active periods. Radar profiles also demonstrate a pronounced nocturnal offshore propagation of deep convection over western Borneo in active periods. During suppressed periods, coastal afternoon convection over Borneo is reduced, and peak convection occurs over the mountains until the convective suppression is overcome in the late afternoon or evening. A major portion (> 70%) of the total precipitation over Philippines and Indochina during suppressed periods falls from afternoon isolated to medium-sized systems (< 10,000 km2), but more than 70% of the active BSISO rainfall is contributed by nocturnal (after 18 LT) broad precipitation systems (> 10,000 km2). However, offshore total precipitation is dominated by large precipitation systems (> 10,000 km2) regardless of BSISO phases and regions.

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