Miyerkules, Nobyembre 25, 2015

China's 'nine-dash' line is balderdash



 

It is correct for the Philippines to send a full delegation to the Permanent Court of Arbitration in The Hague, Netherlands to defend our position that China's claim of ownership over practically the entire South China Sea has no basis at all, historical or otherwise.

 

In fact, China is using gunboat diplomacy to enforce its will on the other claimants in the territorial dispute.

 

In short, might is right.

 

But this attitude runs contrary to the rule of law and could spark armed confrontation if allowed to get out of hand.


The principal counsel, Paul Reichler, stressed that China's historic right claim over the disputed sea do not exist under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS).

Another lawyer, Andrew Loewenstein, argued that China has failed to satisfy the requirements to establish the claim, namely: a continuous exercise of exclusive control for a long period of time over the area. He showed eight maps dating back to the Ming Dynasty showing that China's territory did not include the nine-dash line.

The Philippine government is on right track in arguing its case in the arbitral proceedings. If we manage to convince the judges that our cause is just, then we score a moral victory that could prompt China to review its position and eventually submit to a rules-based Code of Conduct in the South China Sea.  


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