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Judgement Day: The South China Sea Tribunal Issues its Ruling

Red Dragon

Red, ornamental dragon, courtesy rumpleteaser/flickr

This issue of the PacNet was published by the Pacific Forum CSIS on 12 July 2016. The article first appeared in the CSIS Asia Maritime Transparency Initiative Brief

Today an arbitral tribunal at the Permanent Court of Arbitration in The Hague issued a long-awaited ruling in Manila’s case against Beijing’s claims in the South China Sea. The five-judge tribunal was established under the compulsory dispute settlement provisions of the United Nations Convention on the Law of the Sea (UNCLOS), and despite China’s refusal to participate in the proceedings, its ruling is final and legally binding. For a closer look at the tribunal’s ruling and the areas it leaves legally disputed in the South China Sea, visit the Asia Maritime Transparency Initiative’s new interactive map.

Q1: What did the tribunal rule?

The judges issued a unanimous decision in favor of the Philippines on the overwhelming majority of the claims it made against China. They invalidated Beijing’s claims to ill-defined historic rights throughout the nine-dash line, finding that any claims it makes in the South China Sea must be made based on maritime entitlements from land features. The tribunal ruled that any other historic rights China might once have claimed in what are now the exclusive economic zones (EEZ) or continental shelves of other countries were invalidated by its ratification of UNCLOS. On the question of specific maritime entitlements over disputed features, the court found that Scarborough Shoal is a rock entitled only to a 12-nautical-mile territorial sea. The judges cannot rule on sovereignty over that shoal, but ruled that China has violated the traditional fishing rights of Filipinos by not allowing them to fish at the shoal. Notably the tribunal said it would have found the same regarding Chinese fishermen if they were prevented access to the shoal by the Philippines.

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China’s Fishing Militia Is a Military Force in All But Name: It’s Time to Unmask Beijing’s Third Navy

Painting of a dead fish

Courtesy of Frédéric Glorieux/flickr

This article was originally published by War is Boring on 9 July 2016.

As the South China Sea heats up, one of Beijing’s most important tools — its Maritime Militia or “Little Blue Men,” roughly equivalent at sea to Putin’s “Little Green Men” on land — offers it major rewards while threatening the United States and other potential opponents with major risks.

When the Permanent Court of Arbitration in the Hague announces its rulings on the Philippines-initiated maritime legal case with China on July 12 — likely rejecting some key bases for excessive Chinese claims in the South China Sea — the Maritime Militia will offer a tempting tool for Beijing to try to teach Manila (and other neighbors) a lesson while frustrating American ability to calm troubled waters.

This major problem with significant strategic implications is crying out for greater attention, and effective response. Accordingly, this article puts China’s Maritime Militia under the spotlight to explain what it is, why it matters and what to do about it.

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China’s “Historical Evidence”: Vietnam’s Position on South China Sea

Propaganda poster for Vietnam's maritime claim over the Paracel and Spratly Islands

Ngo Quang Minh/flickr

This article was originally published by RSIS on 27 August, 2014.

In their joint RSIS Commentary entitled “South China Sea Disputes: China has evidence of Historical Claims”, Dr Li Dexia and researcher Tan Keng Tat asserted that “China’s territorial claim is based on centuries of verifiable historical records, long-term use, treaties, international/customary laws plus records from the prodigious sea voyages of the Yuan and Ming dynasties”. I argue, however, that these evidences are unconvincing in the framework of international law. » More

Will the Dragon Follow the Bear?

 

Photo: Wikimedia Commons

This article was originally published by Atlantic-community.org on 26 May 2014

By avoiding blatant aggression, Putin’s ostensibly deniable tactics use Europe’s rules-based interconnected international system against it, even as he circumvents Russia’s own treaty commitments to Ukraine. But perhaps the longer term threat is not that a declining Russia’s actions will go unpunished, but that as with Germany, Italy and Japan in the 1930s, states who are also dissatisfied with their neighborhood’s geopolitical status quo will copy the Kremlin’s lead.

The non-invasion invasion of Ukrainian territory by little green men, or “self-defense groups” as President Putin calls them, has been a masterful demonstration of Russian asymmetric warfare, electronic disinformation and lawfare techniques. Alarm is now heard that if Russian attempts to undermine Ukrainian territorial integrity are successful it will feed Moscow’s appetite for more. But while the attention of the world is riveted on the Kremlin, what about other regional powers? If a great power conflict can be avoided (as in Ukraine so far), would another state emulate Russia’s behavior in the future? » More

The Great Green Sea Control Fleet

US Navy ships in the Pacific Ocean, courtesy of U.S. Navy/fotopedia

This article was originally published May 12 2014 by War on the Rocks.

The recent announcement that the Navy Research Lab (NRL) had successfullyconverted seawater into fuel was greeted by hyperbolic claims that this “game changer” was going to allow the Navy to “say goodbye to oil.”As impressive a scientific feat as this was, the Navy has a very long way to go from flying a model plane powered by molecularly restructured seawater around a field to powering a sizeable portion of the non-nuclear fleet. This research was the latest in a series of milestones achieved in pursuance of what the Navy calls the “Great Green Fleet.” The objective is to reduce oil consumption by 50% and utilize alternative energy for 50% of the Navy’s energy requirements by 2020, a goal that even many supporters find aggressive. The aims of the seawater-to-fuel program are to make it possible for the fleet to remain 100% operational by eliminating the need for ships to come into port to fuel, and to avoid logistical nightmares resulting from the fact that a large portion of petroleum comes from unstable areas and must flow through some of the world’s major chokepoints, such as the Strait of Hormuz. » More

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