9 dash line unclos pdf

Mapping china was founded in 2016 as an academic network connecting students as well as young professionals working on china to foster exchange and knowledge among the new generation of china watchers. Tribunal erred in applying unclos on certain important legal issues concerning. The impact of chinas ninedash line claim on aseans role. Jul 19, 2016 the cablecutting occurred near the western extent of the ninedash line, again suggesting that these waters were chinas.

Indonesia as a country that had sovereign rights over natuna waters has said refuse admitting the claim and kept asserted sovereignty in natuna. The ninedash lineat various times also referred to as the tendash line and the elevendash. Jeffrey bader argues that the obama administration has drawn its own line in the heated south china sea debate, in response to chinas ninedash line. Allen yu working paper original august 29, 2014 last updated november 3, 20151 1 oct 29, 2015 regenerated urls from word document, nov 3, 2015 added one footnote for clarification to lte section. First developed in 1947, the ninedash line was initially created with 11 dashes by the republic of chinas government on a chinese map. Huy duong, and tuan pham, unsw suggestions that china could claim historic fishing rights within the ninedash line misinterpret international law. The cablecutting occurred near the western extent of the ninedash line, again suggesting that these waters were chinas. We then use the featuretopolygon tool to convert this linevector into a polygonvector. China sought to preemptively end and issues in relation to this, by executing its 9 dash line formerly an 11 dash line5, which is a demarcation line which was used by the peoples. Ekrem korkut and woo hyun kang, chinas nine dash line claim in light of the ruling by the. The arbitral tribunal addressing this dispute was formed without chinas participation in the procedure7, and has recently begun its work8. Beijing argues the nine dash line emerged in the new world order after the second world war and came well before the 1982 unclos. Beijing says its right to the area goes back centuries to when the paracel and spratly island chains were regarded.

Jul 12, 2016 beijing argues the ninedash line emerged in the new world order after the second world war and came well before the 1982 unclos. The impact of chinas ninedash line claim on aseans. Sea unclos to resolve sovereignty disputes over land and no chance that the. Historic rights and the ninedash line in relaon to unclos. Having found that chinas ninedash line claim is based on historic rights and not historic title, the tribunal ruled that article 2981ai of unclos did not apply and that it had jurisdiction to consider the philippines submissions no. China claims by far the largest portion of territory an area defined by the nine dash line which stretches hundreds of miles south and east from its most southerly province of hainan. The ninedash line map which china attached its note verbal in 2009. The socalled ninedash line drawn by china in the south china sea has. Historic rights and the nine dash line in relation to unclos in the light of the award in the philippines v. Universalizing the law of the sea in the south china sea. But international maritime law, which was formed after chinas dotted. First is the status of beijings ninedash line claim in the south china sea. Figure 1 depicts the ninedashed line in relation to chinas 200 nm eez as defined by unclos with the artificial islands that were constructed inside the eezs of the philippines and malaysia.

China pca case number 2019, also known as the south china sea arbitration, was an arbitration case brought by the republic of the philippines against the peoples republic of china under annex vii to the united nations convention on the law of the sea unclos concerning certain issues in the south china sea including the legality of chinas nine dash line. Tribunal did not pronounce on the legality of the 9dash line as such thus could s4ll func4on as a indicator of claimed land territory within it or juridically based rights ts etc. F irst the dotted line on chinese maps lost two of its hyphens in 1952, when, in a moment of socialist bonhomie with vietnam, chairman mao zedong abandoned chinese claims to the gulf of tonkin. The us was referring to the 1982 united nations convention on the law of the sea unclos, which the philippines cited in its arbitration case to invalidate the 9 dash line. Limits of law in the south china sea brookings institution. Map of the south china sea, with 9 dotted line highlighted in green. The diplomat website posted the decision here in a 500page pdf. The philippines, however, asserts that the 9dash line is baseless under unclos. United nations convention on the law of the sea 1982, nine dash line, south. Although political circumstances have changed again since the two dashes were removed, the nine dash line has remained the norm for chinesepublished maps and atlases. Chinas nine dash line claim in light of the ruling by the. On hinas 9 ashed line and why the arbitrational tribunal. The philippine delegation argues its case against chinas ninedash line claim in the south china sea before the international tribunal for the law of the sea itlos.

Whats chinas ninedash line and why has it created so. Unclos, inferring that its provisions are not the legal basis for deciding chinas claim. When the ninedash line emerged in the 1950s, the two states were politically close, with each having a threemile territorial sea. According to former philippine president benigno aquino iii, chinas nine dash line territorial claim over the entire south china sea is against international laws, particularly the united nations convention of the laws of the sea unclos. But then china submitted the ninedashline map to the united nations in 2009 pdf, in part to counter a claim by vietnam over an extended continental shelf and sovereignty over the paracel and. Jul 28, 2016 dropping its nine dash line claim would not necessarily be a concrete step towards independence, but a symbolic step a measure that taiwan can afford for now. Legal limits and future prospects introduction the socalled ninedash line drawn by china in the south china sea has been named, cited, and referred to in many ways in both chinese and english1. Contents and achievements of the 1982 united nations. Legal limits and future prospects introduction the socalled ninedash line drawn by china in the south china sea has been named, cited, and referred to in many ways in both chinese.

Maritime territorial and exclusive economic zone eez. Any use of the nine dash line by hina to claim maritime rights not based on claimed land features would be inconsistent with international law. The islands include the spratly and paracel islands and the scarborough shoal. The ninedash line if connected would cover ninety percent of the scs. Legitimacy, jurisdiction and merits in the south china sea arbitration. Renouncing the ninedash line would hand taiwan a legitimacy win as well. In what is likely a new bid to reinforce and even expand chinas sweeping territorial claims in the south china sea, a group of chinese scholars recently published a new map of the peoples. Jul 12, 2016 the philippine delegation argues its case against chinas ninedash line claim in the south china sea before the international tribunal for the law of the sea itlos. With all the legal nonsense smoke and mirrors here, the truth is clear. Under this interpretation, the nine dash line would be incomplete and insufficient as a claim, but not necessarily inconsistent with unclos, provided that china also recognizes freedom of. The nine dash line if connected would cover ninety percent of the scs.

According to former philippine president benigno aquino iii, chinas ninedash line territorial claim over the entire south china sea is against international laws, particularly the united nations convention of the laws of the sea unclos. Symmons visiting research fellow, trinity college, dublin a. The nine dash line map which china attached its note verbal in 2009. There is no legal, geographical, or historical basis for chinas unilaterally drawn 9dash line 9 dash lie now there are a few possibilities as to why mr klein would publish this garbage. Renouncing the nine dash line would hand taiwan a legitimacy win as well. Unclos and the ninedash line published on 29 aug 2014 by edward elgar publishing. Jul 08, 2016 but then china submitted the ninedashline map to the united nations in 2009 pdf, in part to counter a claim by vietnam over an extended continental shelf and sovereignty over the paracel and. The ninedash lineat various times also referred to as the tendash line and the elevendash linerefers to the undefined, vaguely located, demarcation line used initially by the republic of china 19121949 and subsequently the governments of the republic of china roc, which governs taiwan and the peoples republic of china prc, for their claims of the major part of the south. Although political circumstances have changed again since the two dashes were removed, the ninedash line has remained the norm for chinesepublished maps and atlases. Dash line map contrary to united nations convention on the law of the sea 1982. The permanent court of arbitration ruled that chinese claims over 90 percent of the south china sea area are illegitimate and under unclos, china is intruding into the philippines sovereign waters as the 9dash line which includes the scarborough shoal and crosses into the philippines eez.

Nonetheless, china has been resorting to the ninedashline claim to justify its rights in the area. The ninedash line a matrix game about incidents in the south china sea. While china never publicly claimed the ninedash line it remained until 2009 to be a vague. Vietnamese communists who are mass murdering innocent montagnards need to look in the mirror. The philippines argues the ninedash line is an excessive maritime claim and not in line with the entitlements for coastal states under unclos. Historic rights and the ninedash line in relation to unclos in the light of the award in the philippines v.

Ph wins arbitration case over south china sea global news. In doing so, it marched headfirst into the middle of one of the globes most sensitive geopolitical regions. On historic rights and the ninedash line, the tribunal decided that unclos. Chinas new map aims to extend south china sea claims. Two of the dashes were withdrawn in 1949 after vietnam was granted the gulf of tonkin by the chinese communist party. Rights and jurisdiction over resources in the south china. Jan 22, 2017 the permanent court of arbitration ruled that chinese claims over 90 percent of the south china sea area are illegitimate and under unclos, china is intruding into the philippines sovereign waters as the 9dash line which includes the scarborough shoal and crosses into the philippines eez. Nonetheless, china has been resorting to the nine dash line claim to justify its rights in the area. Beijing says china accepted the japanese surrender and reclaimed. Rights and jurisdiction over resources in the south china sea. In 2010, at a regional conference in hanoi, united states. Malaysia and brunei also lay claim to territory in the south china sea that they say falls within their economic exclusion zones, as defined by unclos the united. Historic rights and the nine dash line in relation to.

Ronald orourke, maritime territorial and exclusive economic zone eez disputes involving china. Jul 12, 2016 perhaps the most significant findingand the one most likely to disturb chinais the tribunals award that chinas ninedash line and claim to historic rights in the south china sea are both invalid under international law. Four island groups, including more than two hundred islands, islets, reefs, shoals, and rocks, are pertinent to the present context, known to both chinese and foreign sources as the xisha, or. China arbitration 2016 concerning the supposed historic claims of china in the south china sea. Perhaps the most significant findingand the one most likely to disturb chinais the tribunals award that chinas ninedash line and claim to historic rights in the south china sea are both invalid under international law. Aug 29, 2014 rights and jurisdiction over resources in the south china sea. What is the nine dash line claim in south china sea. The blue dotted lines in the map above demonstrate how the eez of each claimer would be stipulated according to the unclos. China may not claim historical rights under international law in the south china sea. The us was referring to the 1982 united nations convention on the law of the sea unclos, which the philippines cited in its arbitration case to invalidate the 9dash line. Following, we union our 9dash line polygon with our shorebased ashm buffer and select by attribute overlapping areas.

Testing chinas and the state departments ninedash line claims pdf. Jul 21, 2016 by andreas kechagias last week, the haguebased permanent court of arbitration pca announced its decisions in respect to a number of maritime disputes between china and the philippines in the south china sea scs. However, critics say china has not clarified its claims sufficiently and that the ninedash line that appears on chinese maps encompassing almost the entirety of. China pca case number 2019, also known as the south china sea arbitration, was an arbitration case brought by the republic of the philippines against the peoples republic of china under annex vii to the united nations convention on the law of the sea unclos concerning certain issues in the south china sea including the legality of chinas ninedash line.

Scarborough shoal generates no exclusive economic zone or continental shelf. Dropping its ninedash line claim would not necessarily be a concrete step towards independence, but a symbolic step a measure that taiwan can afford for now. The current specifications of the ninedash remain inconsistent with other official documents. By using the statistics tool, we can find how much of chinas. Chinas actions for asserting and defending its maritime territorial and exclusive economic zone eez 1 claims in the east china ecs and south china sea scs, particularly since late 20, have heightened concerns among observers that ongoing disputes over these waters and some of. The majority of unclos scholars with the exception of those from china agree that chinas ninedash line, which is chinas only support for its vast claim of the south china sea, is absurd. The international community would welcome china to clarify or adjust its nine dash line claim to bring it in accordance with the international law of the sea. Vietnam also rejected the chinese claim, citing that it is baseless and against the unclos. The line on a 70yearold map that threatens to set off a war. Brunei does not claim any of the disputed islands, but malaysia claims a small number of islands in. It is understood that china ratified the unclos in 1996. Central intelligence agency china do not have any definition or explanation of the nine dash line in its law.

Why chinas strategists and international law dont get along. Philippines 5 arguments vs china over chinas 9 dash line. By focussing not only on activities on islands and in the waters but also statements made by political leaders about the broader conflict and possibilities for peace, this thesis enhances the ability to critique. Chinas ninedash line still infringes international law. When the nine dash line emerged in the 1950s, the two states were politically close, with each having a threemile territorial sea. Mar 22, 2018 in contrast, the chinese governments claim which is often referred to as the ninedashed line claim because of the number of lines on the original map that were used to mark the boundaries of chinas maritime claims to the region is not based on a claim to land features and therefore does not fall within the legal maritime framework of unclos beckman, 2011. Map of the south china sea, with 9dotted line highlighted in green. Deciphering chinas nine dash line and the law of the sea. Aug 20, 2016 news flash dumbass, the 9 dash line comes from the 11 dash line drawn in 1947, by the anticommunist national government of the republic of china before the communists took power. On hinas 9 ashed line and why the arbitrational tribunal in. And china and taiwan point to a map published in the 1940s, showing a big ushaped ninedashed line around the edge of the sea. The peoples republic of china government has not expla.