BREAKING: China Has No Historic Rights to South China Sea Resources, Court Says 

The case was brought by the Philippines, arguing that China’s claims don’t comply with the United Nations Convention on the Law of the Sea. While the court says the ruling is binding, it lacks a mechanism for enforcement.

David Tweed reports: China’s assertions to more than 80 percent of the disputed South China Sea have been dealt a blow with an international tribunal ruling it has no historic rights to the resources within a 1940s map detailing its claims.

“There was no evidence that China has historically exercised exclusive control over the waters or their resources,” the Permanent Court of Arbitration in The Hague said Tuesday in a statement. “The tribunal concluded that there was no legal basis for China to claim historic rights to resources within the seas falling within the ‘nine-dash line’.”

“There was no evidence that China has historically exercised exclusive control over the waters or their resources. The tribunal concluded that there was no legal basis for China to claim historic rights to resources within the seas falling within the ‘nine-dash line’.”

— Permanent Court of Arbitration in The Hague, in a statement on Tuesday

[Read the full story here, at Bloomberg]

The case was brought by the Philippines, arguing that China’s claims don’t comply with the United Nations Convention on the Law of the Sea. While the court says the ruling is binding, it lacks a mechanism for enforcement.

In this Tuesday, Nov. 26, 2013 photo, a crew member of Chinese People's Liberation Army (PLA) Navy monitors on the deck of the China's aircraft carrier, the Liaoning, sailing on the East China Sea for sea trials. The Liaoning departed for its first-ever sea trials in the South China Sea, a mission likely to draw scrutiny amid Beijing's drive to assert its claims to those waters and their island groups. (AP Photo) CHINA OUT

China’s assertions are based on a 1947 map showing vague dashes — known as the nine-dash line — looping about 1,120 miles (1,800 kilometers) south of China’s Hainan Island and covering about 1.4 million square miles. It contends its claim is grounded in “historic rights” and reclaimed reefs and islands are its indisputable territory. China boycotted the arbitration process and vowed to ignore the result.

“The result of the arbitration is non-binding as far as China is concerned. The Chinese government has already repeatedly made it clear that it will not accept it, will not attend the arbitration, does not acknowledge it and will not implement the result.”

—  Chinese Admiral Sun Jianguo, in June

The ruling risks inflaming tensions in a waterway that hosts about $5 trillion of trade a year and plays a vital link for global energy shipments. China has stepped up its assertions under President Xi Jinping, straining ties with fellow claimants like the Philippines and Vietnam.

[MORE on China’s territorial disputes]

“The result of the arbitration is non-binding as far as China is concerned,” Chinese Admiral Sun Jianguo said in June. “The Chinese government has already repeatedly made it clear that it will not accept it, will not attend the arbitration, does not acknowledge it and will not implement the result.”

The U.S. insists it has the right to protect freedom of navigation in the waters and has carried out voyages and flights near features claimed by China. In May, China sent fighters and warships to warn the USS William P. Lawrence, a guided missile destroyer, when it sailed close to one of its outposts in the Spratly Islands….(read more)

Source: Bloomberg



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