Tuesday, July 12, 2016

China Loses The South China Sea Arbitration

Not completely unexpected, but in the Republic of the Philippines vs. the People's Republic of China, the Permanent Court of Arbitration at The Hague has issued its ruling in favor of The Philippines.

You can find the English, French and Chinese press releases at the website of our guest last Sunday on Midrats, Dr. Andrew S. Erickson, but I've included the Award below for you to review in full.

From page 471-2, here is a pull quote;
The South China Sea Arbitration Award of 12 July 2016, pg 471-2

A. In relation to its jurisdiction, the Tribunal:
(1) FINDS that China’s claims in the South China Sea do not include a claim to ‘historic title’, within the meaning of Article 298(1)(a)(i) of the Convention, over the waters of the South China Sea and that the Tribunal, therefore, has jurisdiction to consider the Philippines’ Submissions No. 1 and 2;
(2) FINDS, with respect to the Philippines’ Submission No. 5: a. that no maritime feature claimed by China within 200 nautical miles of Mischief Reef or Second Thomas Shoal constitutes a fully entitled island for the purposes of Article 121 of the Convention and therefore that no maritime feature claimed by China within 200 nautical miles of Mischief Reef or Second Thomas Shoal has the capacity to generate an entitlement to an exclusive economic zone or continental shelf;

B. In relation to the merits of the Parties’ disputes, the Tribunal:
(1) DECLARES that, as between the Philippines and China, the Convention defines the scope of maritime entitlements in the South China Sea, which may not extend beyond the limits imposed therein;
(2) DECLARES that, as between the Philippines and China, China’s claims to historic rights, or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the ‘nine-dash line’ are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under the Convention; and further DECLARES that the Convention superseded any historic rights, or other sovereign rights or jurisdiction, in excess of the limits imposed therein;
The Straits Times has a good liveblog on the ruling.

The Chinese reaction? Well, about what you would expect.
China Foreign Minister Wang Yi says South China Sea arbitration is a political farce made under pretext of law.



UPDATE: If you're a map geek, and you know you are, the Asia Maritime Transparency Initiative has some great tools. Check it out.

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