By Tran Đinh Hoanh Tran Đinh Hoanh is an international litigator and writer in Washington DC.
[TĐH: I’ve tried to make this piece ultra-short, simple, and easy
to remember, with sufficient citations for those who’d like to dig
deeper into UNCLOS]
During China Foreign Ministry Spokesperson Wang Wenbin’s Regular Press Conference on June 13, he responded to a Bloomberg question concerning the legal status of the Taiwan Strait. Asked about Chinese military officials’ contention that the Taiwan Strait does not constitute “international waters,” he said that Taiwan is “an inalienable part of China’s territory. …According to UNCLOS and Chinese laws, the waters of the Taiwan Strait, extending from both shores toward the middle of the Strait, are divided into several zones including internal waters, territorial sea, contiguous zone, and the Exclusive Economic Zone. China has sovereignty, sovereign rights and jurisdiction over the Taiwan Strait.”
He went on to say that calling the strait international waters is “a false claim” by “certain countries” searching for a pretext for “threatening China’s sovereignty and security.”
Vox_Since 2014, China has been building islands in the middle of the South China Sea. What were once underwater reefs are now sandy islands complete with airfields, roads, buildings, and missile systems. In less than two years, China has turned seven reefs into seven military bases in the South China Sea, one of the most contentious bodies of water in the world.
href=””>United Nations Law of the Seas, which says a country’s territory extends 200 miles off its shores, an area called the exclusive economic zone, or EEZ. Any trade or resources that fall in a country’s EEZ belong to that country; they’re its sovereign territory. Any area that is not in an EEZ is considered international waters and subject to UN maritime law, meaning it’s shared by everyone. Every country in the region, which includes Malaysia, the Philippines, Brunei, and Vietnam, bases its claim to the South China Sea on the UN’s EEZ laws — except China.
China argues it has a historical claim to the South China Sea, dating back to naval expeditions in the 15th century. After World War II, the Japanese Empire lost control of the South China Sea, and China took advantage of the moment to reclaim it. On maps, it started drawing a dashed line that encompassed most of the South China Sea. This line became its official claim and is known today as the Nine-Dash Line, because it always has nine dashes. In 1973, when the UN law established EEZs, China reaffirmed its Nine-Dash Line, refusing to clarify the line’s boundaries and rejecting other countries’ claims.
Since then, tensions have built around who rightfully owns the South China Sea. The dispute has centered on the Spratly Islands, an archipelago at the heart of the South China Sea. Currently, China, Malaysia, the Philippines, and Vietnam claim some part of the Spratly Island chain. They’ve asserted their claims by putting small buildings, ports, and even some people on what are essentially rocks in the middle of the ocean.
But the Spratlys are very important, because whichever country can successfully claim themcan extend its EEZ to include them, thus gaining miles of precious sovereign territory. This is why China began building up islands in 2014. By turning these rocks into military bases, the Chinese are now able to support hundreds of ships, bolstering their presence in the region. They are using fishing boats, surveillance ships, and navy destroyers to set up blockades around other countries’ islands and defend their own. This is all done very cautiously and in small steps in order to avoid sparking a wider conflict.
Since China began building islands, the disputes have not become violent.But tensions are building in the region. As China deploys more of its military to the Spratlys, other countries are getting nervous and building up their own islands. It’s a complex situation that will continue to gain international attention, for better or for worse.
Fít posted on unclosforum.wordpress.com on June 5, 2014
(Sinhvienusa.org) Ông Trần Đình Hoành, một luật sư kỳ cựu ở Mỹ vừa tổ chức diễn đàn trực tuyến (http://unclosforum.com) để cung cấp kiến thức xung quanh Công ước quốc tế về luật biển (UNCLOS).
Sinhvienusa.org đã có cuộc trao đổi với luật sư Trần Đình Hoành xoanh quanh chủ đề đấu tranh bảo vệ chủ quyền biển đảo.
Tiến sĩ Trần Đình Hoành, luật sư về đầu tư quốc tế và một số vấn đề liên hệ đến Việt Nam, trụ sở tại Washington DC; chất vấn Giáo sư Su Hao trong phần hỏi đáp của buổi hội thảo “An Ninh Hàng Hải Biển Ðông” do Trung Tâm Nghiên Cứu Chiến Lược Quốc Tế Hoa Kỳ (CSIS) tổ chức ngày 20 tháng Sáu, 2011. (ảnh Hà Giang/Người Việt)