“China's Military Power Projection and U.S. National Interests”
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The Views Expressed in This Presentation Are the Personal Opinion of the Author and Do Not Necessarily Represent the Position of the Philippine Government
Justice Antonio T. Carpio The views expressed in this presentation are the personal opinion of the author and do not necessarily represent the position of the Philippine Government. China’s 9-dashed Lines China’s new “national boundaries” under the 9-dashed lines Macclesfield Bank Nine-dashed Lines Map Submitted by China to UN in 2009 China did not explain the legal basis for the dashes. The dashes had no fixed coordinates. In 2013, China released a new map of China, adding a 10th dash on the eastern side of Taiwan. In its 2013 map, China claims the 10 dashed lines are its “national boundaries” without explaining the legal basis or giving the fixed coordinates for the dashes. The 2013 China map was published by SinoMaps Press, under the jurisdiction of China’s State Bureau of Surveying and Mapping. This means the 2013 Map is an official Chinese government map. In its Note Verbale of June 7, 2013 to China, the Philippines stated it "strongly objects to the indication that the nine- dash lines are China's national boundaries in the West Philippine Sea/South China Sea.” China’s New Map with 10 dashes (2013) Printed in a 1947 map, China’s 9-dashed lines have no fixed coordinates. Originally 11 dashes, two dashes in the Gulf of Tonkin were removed in 1950 without explanation. In 2013, one dash was added east of Taiwan. The new 2013 China map, with 10 dashed lines, is printed by SinoMaps Press. What is the Effect of China’s “National Boundaries” under the 9-dashed Lines? The Philippines loses about 80% of its EEZ facing the West Philippine Sea, including the entire Reed Bank and part of the Malampaya gas field. -
Malaysia's Claims and Positions Over Maritime Features in the South
Malaysia’s Claims and Positions over Maritime Features In the South China Sea Jalila Abdul Jalil, Senior Researcher, MIMA 10th South China Sea Conference Cooperation for Regional Security and Development Da Nang City, Viet Nam Thursday, 8 November1 2018 Disclaimer The information contained in this presentation reflects the personal views of the presenter 2 Outline of Presentation • Introduction • Malaysia’s claims in the South China Sea • Malaysia’s position in the South China Sea • Extended continental shelf claim in the Defined Area in the South China Sea • Lessons from Philippines Arbitration relating to Malaysia’s Claim in the South China: Possible Consideration 3 Malaysia’s Claims in the South China Sea 4 Map showing the aerial view of the South China Sea Source: Malaysia Airport Berhad 6 Source: Forbes and Basiron, (2008) Malaysia’s Maritime Realm Atlas • This map shows in general the overlapping claims in the South China Sea Map of the Competing Claims of the South China Sea by Arsana and Schofield, 2012 from Agora: South China Sea (2013), Vol. 107:95, American Journal of International Law (AJIL) . 8 Malaysia’s claims in the South China Sea • Malaysia’s claim are encapsulated in Malaysia’s Peta Baru 1979. • The Map was drawn based on the 1958 Geneva Convention, bilateral treaties and customary international law • Malaysia’s claim is based on the fact that the features are part of its continental shelf and thus entitles Malaysia to an extended continental shelf based on the natural prolongation of the continental shelf. • Malaysia can claims the respective maritime zones namely territorial sea, EEZ and continental shelf. -
The South China Sea Arbitration Case Filed by the Philippines Against China: Arguments Concerning Low Tide Elevations, Rocks, and Islands
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Xiamen University Institutional Repository 322 China Oceans Law Review (Vol. 2015 No. 1) The South China Sea Arbitration Case Filed by the Philippines against China: Arguments concerning Low Tide Elevations, Rocks, and Islands Yann-huei SONG* Abstract: On March 30, 2014, the Philippines submitted its Memorial to the Arbitral Tribunal, which presents the country’s case on the jurisdiction of the Tribunal and the merits of its claims. In the Memorial, the Philippines argues that Mischief Reef, Second Thomas Shoal, Subi Reef, Gaven Reef, McKennan Reef, Hughes Reef are low-tide elevations, and that Scarborough Shoal, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef are “rocks”, therefore these land features cannot generate entitlement to a 200-nautical-mile EEZ or continental shelf. This paper discusses if the claims made by the Philippines are well founded in fact and law. It concludes that it would be difficult for the Tribunal to rule in favor of the Philippines’ claims. Key Words: Arbitration; South China Sea; China; The Philippines; Low tide elevation; Island; Rock; UNCLOS I. Introduction On January 22, 2013, the Republic of the Philippines (hereinafter “the Philippines”) initiated arbitral proceedings against the People’s Republic of China (hereinafter “China” or “PRC”) when it presented a Note Verbale1 to the Chinese * Yann-huie Song, Professor, Institute of Marine Affairs, College of Marine Sciences, Sun- yet Sen University, Kaohsiung, Taiwan and Research Fellow, Institute of European and American Studies, Academia Sinica, Taipei, Taiwan. E-mail: [email protected]. -
Bulletin No. 91 The
Bulletin No. 91 Law of the Sea Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs United Nations Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Law of the Sea Bulletin No. 91 United Nations New York, 2017 NOTE The designations employed and the presentation of the material in this publication do not imply the ex- pression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The texts of treaties and national legislation contained in the Bulletin are reproduced as submitted to the Secretariat, without formal editing. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Na- tions of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. United Nations Publication ISBN 978-92-1-133855-3 Copyright © United Nations, 2017 All rights reserved Printed at the United Nations, New York ContentS Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the Implementation of Part XI of the Convention and of the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1. -
What Does Vietnam Want from the US in the South China Sea?
DIPLOMAT 4 January 2021 What Does Vietnam Want from the US in the South China Sea? Despite seeking a balance between the superpowers, Vietnam desires more robust security ties with Washington. By Derek Grossman As the incoming Biden administration formulates its South China Sea strategy, one regional partner that looms large is Vietnam. Over the last few years, tensions between China and Vietnam in the South China Sea have remained high, impacting fishing and natural resource exploration in disputed waters. While the Biden administration is likely to continue the positive momentum in bilateral ties, it is less clear what specifically Hanoi seeks from Washington to help it effectively deter Beijing. This is wholly understandable. As I have recently examined at length in a RAND research report, Vietnam is doubling-down on its delicate balancing act as U.S.-China competition throughout the Indo-Pacific dramatically heats up. Although Hanoi feels compelled to counter China’s bad behavior in the South China Sea, it also understands that its future is inextricably tied to peaceful relations with Beijing. Thus, Hanoi typically avoids publicly airing policy preferences, and even privately, the Vietnamese are notoriously subtle and difficult to read. That leaves Washington in the dark most of the time. But through my research and discussions with Vietnamese interlocutors over the years, a few policy preferences have become apparent. First, Vietnam was quite pleased with Secretary of State Mike Pompeo’s statement on July 13 in which he announced the U.S. would not respect Beijing’s maritime claims derived from disputed features in the Spratly Islands, Scarborough Shoal, Luconia Shoals, and Natuna Besar. -
Maritime Issues in the East and South China Seas
Maritime Issues in the East and South China Seas Summary of a Conference Held January 12–13, 2016 Volume Editors: Rafiq Dossani, Scott Warren Harold Contributing Authors: Michael S. Chase, Chun-i Chen, Tetsuo Kotani, Cheng-yi Lin, Chunhao Lou, Mira Rapp-Hooper, Yann-huei Song, Joanna Yu Taylor C O R P O R A T I O N For more information on this publication, visit www.rand.org/t/CF358 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2016 RAND Corporation R® is a registered trademark. Cover image: Detailed look at Eastern China and Taiwan (Anton Balazh/Fotolia). Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required to reproduce, or reuse in another form, any of our research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface Disputes over land features and maritime zones in the East China Sea and South China Sea have been growing in prominence over the past decade and could lead to serious conflict among the claimant countries. -
US-China Strategic Competition in South and East China Seas
U.S.-China Strategic Competition in South and East China Seas: Background and Issues for Congress Updated September 8, 2021 Congressional Research Service https://crsreports.congress.gov R42784 U.S.-China Strategic Competition in South and East China Seas Summary Over the past several years, the South China Sea (SCS) has emerged as an arena of U.S.-China strategic competition. China’s actions in the SCS—including extensive island-building and base- construction activities at sites that it occupies in the Spratly Islands, as well as actions by its maritime forces to assert China’s claims against competing claims by regional neighbors such as the Philippines and Vietnam—have heightened concerns among U.S. observers that China is gaining effective control of the SCS, an area of strategic, political, and economic importance to the United States and its allies and partners. Actions by China’s maritime forces at the Japan- administered Senkaku Islands in the East China Sea (ECS) are another concern for U.S. observers. Chinese domination of China’s near-seas region—meaning the SCS and ECS, along with the Yellow Sea—could substantially affect U.S. strategic, political, and economic interests in the Indo-Pacific region and elsewhere. Potential general U.S. goals for U.S.-China strategic competition in the SCS and ECS include but are not necessarily limited to the following: fulfilling U.S. security commitments in the Western Pacific, including treaty commitments to Japan and the Philippines; maintaining and enhancing the U.S.-led security architecture in the Western Pacific, including U.S. -
Malaysia and Brunei: an Analysis of Their Claims in the South China Sea J
A CNA Occasional Paper Malaysia and Brunei: An Analysis of their Claims in the South China Sea J. Ashley Roach With a Foreword by CNA Senior Fellow Michael McDevitt August 2014 Unlimited distribution Cleared for public release This document contains the best opinion of the authors at the time of issue. It does not necessarily represent the opinion of the sponsor. Cover Photo: South China Sea Claims and Agreements. Source: U.S. Department of Defense’s Annual Report on China to Congress, 2012. Distribution Distribution unlimited. Specific authority contracting number: E13PC00009. Copyright © 2014 CNA This work was created in the performance of Contract Number 2013-9114. Any copyright in this work is subject to the Government's Unlimited Rights license as defined in FAR 52-227.14. The reproduction of this work for commercial purposes is strictly prohibited. Nongovernmental users may copy and distribute this document in any medium, either commercially or noncommercially, provided that this copyright notice is reproduced in all copies. Nongovernmental users may not use technical measures to obstruct or control the reading or further copying of the copies they make or distribute. Nongovernmental users may not accept compensation of any manner in exchange for copies. All other rights reserved. This project was made possible by a generous grant from the Smith Richardson Foundation Approved by: August 2014 Ken E. Gause, Director International Affairs Group Center for Strategic Studies Copyright © 2014 CNA Foreword This is the second of three legal analyses commissioned as part of a project entitled, “U.S. Policy Options in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain J. -
South China Sea Timeline 2014
South China Sea Timeline 2014 NISCSS 2015/1/11 January (1) 1 January 2014 The third amendment of the implementation measures for the Fisheries Law of the People's Republic of China in Hainan Province came into force. The measures reassert China’s regulatory authority over relevant waters in the South China Sea. In accordance with the measures, foreigners and foreign fishing vessels must abide by relevant laws and regulations of the People’s Republic of China referring to fisheries, environmental protection, and exit & entry administration and related regulations of Hainan Province and must secure permission to enter the waters within the jurisdiction of Hainan province.1 In a subsequent press conference on January 9, the US State Department interpreted this to be an assertion of regulatory authority over the area within the nine-dash line and called the measure “provocative and potentially dangerous.”2 (2) 16 January 2014 Vietnam received a second diesel-powered 06361 Kilo-class submarine, HQ-183 Ho Chi Minh City, which was made by a Russian navy shipyard located in St. Petersburg. The existing order will send four more submarines to Vietnam in the future.3 February (3) 5 February 2014 Daniel R. Russel, Assistant Secretary of State for East Asian and Pacific Affairs, said in testimony before the House Committee on Foreign Affairs that any use of the nine-dash line by China to claim maritime rights in the South China Sea would be inconsistent with international law and China should clarify or adjust its nine-dash line claim. 4 (4) 19 February 2014 The fifth round of consultation of the China-Vietnam expert group for low-sensitivity maritime cooperation was held in Hanoi. -
Pacnet Number 28 Apr
Pacific Forum CSIS Honolulu, Hawaii PacNet Number 28 Apr. 10, 2014 The Philippines’ South China Sea Memorial: Sailing into Eventually the Philippine ship entered shallower waters and the Wind by Gregory Poling escaped, delivering long-overdue supplies and troops to replace the garrison at Second Thomas Shoal. Gregory Poling ([email protected]) is a fellow at the Sumitro Chair for Southeast Asia Studies at CSIS. This article The incident underscored a lesson that the Philippines originally appeared in “Southeast Asia from Scott Circle” on learned well after Scarborough Shoal: China has no intention April 3, available at http://csis.org/publication/southeast-asia- of compromising on its claims, restricting them to the bounds scott-circle-philippines-south-china-sea-memorial-sailing- of international law, or treating fellow claimants as equal wind). parties to the disputes. On March 30, the Philippines submitted a memorial Despite frequent insistence from Beijing that its claims in detailing its arguments and evidence against China’s nine- the South China Sea are based on international law and dash line and other aspects of Beijing’s South China Sea encompass only the “islands and adjacent waters” within the claims to an arbitration tribunal at The Hague. The 10-volume, nine-dash line, Chinese actions tell a different story. Second nearly 4,000-page document marks a bold step by Manila, and Thomas Shoal is not an island or even a rock. It is a low-tide one that Beijing seems to have believed never would actually elevation that is not subject to any independent territorial happen. The Philippines chose the right course. -
Model Maritime Militia: Tanmen's Leading Role in the April 2012
6/28/2016 Model Maritime Militia: Tanmen’s Leading Role in the April 2012 Scarborough Shoal Incident Center for International Maritime Security ASIA-PACIFIC MODEL MARITIME MILITIA: TANMEN’S LEADING ROLE IN THE APRIL 2012 SCARBOROUGH SHOAL INCIDENT APRIL 21, 2016 | ANDREW ERICKSON | LEAVE A COMMENT By Conor M. Kennedy and Andrew S. Erickson This series on the leading maritime militias of Hainan Province began by examining the “rights protection” efforts of Sanya City’s maritime militia, whose exploits have given them a prominent position among the province’s irregular sea forces. Discussions about the Sanya City maritime militia are still ongoing as we watch their development. Next came our evaluation of the historical legacy of Danzhou’s maritime militia, which directly demonstrated the value of irregular forces in naval warfare during the 1974 Paracels Sea Battle. This third installment http://cimsec.org/model-maritime-militia-tanmens-leading-role-april-2012-scarborough-shoal-incident/24573 1/17 6/28/2016 Model Maritime Militia: Tanmen’s Leading Role in the April 2012 Scarborough Shoal Incident in the series is part one of a two-part in-depth look at the maritime militia of Tanmen. Tanmen Fishing Harbor is a small fishing port on the eastern shore of Hainan Island. It is home to one of China’s best-known maritime militia units, the Tanmen Maritime Militia Company (潭门海上民兵连). This irregular force receives disproportionate media coverage stemming largely from its involvement in numerous incidents with foreign actors at sea, most notably the April 2012 Scarborough Shoal Incident between the People’s Republic of China (PRC) and the Philippines. -
Press Release
PRESS RELEASE ARBITRATION BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE PEOPLE’S REPUBLIC OF CHINA The Hague, 29 October 2015 The Tribunal Renders Award on Jurisdiction and Admissibility; Will Hold Further Hearings The Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea (the “Convention”) in the arbitration instituted by the Republic of the Philippines against the People’s Republic of China has issued its Award on Jurisdiction and Admissibility. This arbitration concerns the role of “historic rights” and the source of maritime entitlements in the South China Sea, the status of certain maritime features in the South China Sea and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China in the South China Sea that are alleged by the Philippines to violate the Convention. In light of limitations on the matters that can be submitted to compulsory dispute settlement under the Convention, the Philippines has emphasized that it is not requesting the Tribunal to decide the question of sovereignty over maritime features in the South China Sea that are claimed by both the Philippines and China. Nor has the Philippines requested the Tribunal to delimit any maritime boundary between the two States. China has repeatedly stated that “it will neither accept nor participate in the arbitration unilaterally initiated by the Philippines.” China has, however, made clear its view—in particular through the publication in December 2014 of a “Position Paper of the Government of the People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines” (“China’s Position Paper”)—that the Tribunal lacks jurisdiction to consider the Philippines’ Submissions.