DOCSLIB.ORG

Prospects for Provisional Arrangements in the West Philippine Sea Post- Arbitration

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Prospects for Provisional Arrangements in the West Philippine Sea Post- Arbitration Prospects for Provisional Arrangements in the West Philippine Sea Post- Arbitration Mary Fides A. Quintos The United Nations-Nippon Foundation Fellowship Programme 2015-2016 DISCLAIMER The views expressed herein are of the author’s alone and do not reflect the official position of the Foreign Service Institute, the Department of Foreign Affairs, the Government of the Philippines, the United Nations Division of Ocean Affairs and Law of the Sea, or the Australian National Centre for Ocean Resources and Security of the University of Wollongong. 1 Abstract The arbitration case between the Philippines and China over the West Philippine Sea seeks to clarify the geographical extent of the dispute by requesting the Tribunal to rule on the validity of China’s nine-dash line, and determine the legal status of specific features including the maritime zones that they can generate. Without resolving the issue of sovereignty and maritime delimitation, this paper argues that the Philippines and China will still have to eventually make an effort to enter into negotiations for provisional arrangements in the West Philippine Sea pending the reaching of a final agreement in accordance with their obligation under Articles 74/83 paragraph 3 of the Law of the Sea Convention. With the main objective of presenting possible courses of action post-arbitration, this paper reviewed relevant case studies on provisional arrangements of a practical nature, and the scope of unilateralism in other areas where there are maritime and territorial disputes. Drawing lessons from these cases and from the issues and challenges of previous co-operation arrangements in the South China Sea, this paper presented possible options for provisional arrangements in the West Philippine Sea with regard to living and non-living resources, maritime security, marine environment protection, seismic survey, and marine scientific research. This study also took into consideration post arbitration scenarios that include the areas of overlapping maritime claims being limited to the territorial sea generated by the disputed features; and if the areas of overlap are beyond 12 nm as a result of the features being entitled to a full effect and if the nine-dash line is considered a valid claim. 2 Acknowledgments My sincerest gratitude to all the officers and staff of the United Nations Division for Ocean Affairs and the Law of the Sea, especially to Ms Valentina Germani and Ms Simone Dempsey for their unrelenting support and motivation all throughout the fellowship programme. Many thanks also to The Nippon Foundation of Japan for its generosity and for providing this opportunity. I am greatly indebted to my supervisor, Professor Stuart Kaye, Director of Australian National Centre for Ocean Resources and Security, for his invaluable help and guidance in the drafting of this paper. Many thanks also to Ms Myree Mitchell for the assistance she has provided during the academic part of my fellowship. I also like to thank the Foreign Service Institute for allowing me to go after my dreams. Special thanks to my family, friends, and colleagues who have always been so encouraging. I am also very grateful for finding love and friendship in New York and Australia. 3 Table of Contents Introduction .................................................................................................................................................. 6 1.1 Objectives and Scope .......................................................................................................................... 8 1.2 Overview of the Paper ........................................................................................................................ 9 1.3 Background and Context ..................................................................................................................... 9 Overlapping maritime zones ................................................................................................................. 9 Territorial disputes .............................................................................................................................. 10 Historic Rights Claims .......................................................................................................................... 12 Conflicting Exercise of Sovereignty and Sovereign Rights .................................................................. 14 The South China Sea Arbitration ......................................................................................................... 17 Chapter 1 Provisional Arrangements in Disputed Waters: History and Interpretation of the Law ............................ 21 I. Legislative History ........................................................................................................................... 23 II. Interpretation of the Provision ....................................................................................................... 26 Arrangements and Agreements .......................................................................................................... 27 Provisional Arrangements and Provisional Measures ........................................................................ 29 Two Distinct Obligations ..................................................................................................................... 32 Without Prejudice to Final Delimitation ............................................................................................. 35 Chapter 2 Case Studies on Cooperative and Unilateral Activities in Disputed Waters ............................................... 37 I. Provisional Arrangements of a Practical Nature ............................................................................. 37 United Kingdom – Argentina ............................................................................................................... 40 Iran – Sharjah (UAE) ............................................................................................................................ 43 Japan – USSR ....................................................................................................................................... 45 Japan – South Korea ............................................................................................................................ 47 The case of the Caribbean Sea ............................................................................................................ 49 Japan – Taiwan .................................................................................................................................... 51 II. Unilateral Actions Jeopardising/ Hampering Final Agreement ....................................................... 53 Chapter 3 Provisional Arrangements in the South China Sea: Issues and Challenges ................................................ 60 I. The practice of provisional arrangements of a practical nature in the South China Sea ............... 60 Joint Oceanographic and Marine Scientific Research Expedition (JOMSRE) ...................................... 60 4 Joint Marine Seismic Undertaking (JMSU) .......................................................................................... 63 II. Issues and Challenges ..................................................................................................................... 66 Chapter 4 Prospects for Provisional Arrangements in the South China Sea Post- Arbitration ................................... 73 I. Areas of overlapping maritime claims limited to the territorial sea surrounding the disputed features ................................................................................................................................................... 77 II. Areas of overlapping maritime claims beyond 12 nm .................................................................... 82 Fisheries .............................................................................................................................................. 84 Oil and gas resources .......................................................................................................................... 86 Marine Environment Protection ......................................................................................................... 89 Maritime Security................................................................................................................................ 91 Seismic Survey and Marine Scientific Research .................................................................................. 92 Conclusion ................................................................................................................................................... 94 5 Introduction The South China Sea has been the object of overlapping claims by several parties including the Philippines and China. The Philippines’ exclusive economic zone overlaps with China’s historical nine-dash line. Some insular features in the South China Sea that are being claimed by both parties also lie within or just outside the Philippine’s exclusive economic zone. The United Nations Convention on the Law of the Sea (LOSC) stipulates various courses of action that states can utilize to manage or settle disputes. In areas of overlapping maritime claims, Articles 74 and 83 provide that states can choose to agree on the delimitation of their maritime zones, enter into provisional arrangements of a practical nature pending agreements,
Load more

Recommended publications
  • Freedom of Navigation in the South China Sea a Practical Guide
    Freedom of Navigation in the South China Sea A Practical Guide Eleanor Freund SPECIAL REPORT JUNE 2017 Belfer Center for Science and International Affairs Harvard Kennedy School 79 JFK Street Cambridge, MA 02138 www.belfercenter.org Publication design and illustrations by Andrew Facini Cover photo: United States. Central Intelligence Agency. The Spratly Islands and Paracel Islands. Scale 1:2,000,000. Washington, D.C.: Central Intelligence Agency, 1992. Copyright 2017, President and Fellows of Harvard College Printed in the United States of America Freedom of Navigation in the South China Sea A Practical Guide Eleanor Freund SPECIAL REPORT JUNE 2017 About the Author Eleanor Freund is a Research Assistant at Harvard Kennedy School’s Belfer Center for Science and International Affairs. She studies U.S. foreign policy and security issues, with a focus on U.S.-China relations. Email: [email protected] Acknowledgments The author is grateful to James Kraska, Howard S. Levie Professor of International Law at the U.S. Naval War College, and Julian Ku, Maurice A. Deane Distinguished Professor of Constitutional Law at Hofstra University School of Law, for their thoughtful comments and feedback on the text of this document. All errors or omissions are the author’s own. ii Freedom of Navigation in the South China Sea: A Practical Guide Table of Contents What is the UN Convention on the Law of the Sea (UNCLOS)? ..............1 What are maritime features? ......................................................................1 Why is the distinction between different maritime features important? .................................................................................... 4 What are the territorial sea, the contiguous zone, and the exclusive economic zone? ........................................................... 5 What maritime zones do islands, rocks, and low-tide elevations generate? ....................................................................7 What maritime zones do artificially constructed islands generate? ....
    [Show full text]
  • The Long Littoral Project: South China Sea a Maritime Perspective on Indo-Pacific Security
    The Long Littoral Project: South China Sea A Maritime Perspective on Indo-Pacific Security Michael A. McDevitt • M. Taylor Fravel • Lewis M. Stern Cleared for Public Release IRP-2012-U-002321-Final March 2013 Strategic Studies is a division of CNA. This directorate conducts analyses of security policy, regional analyses, studies of political-military issues, and strategy and force assessments. CNA Strategic Studies is part of the global community of strategic studies institutes and in fact collaborates with many of them. On the ground experience is a hallmark of our regional work. Our specialists combine in-country experience, language skills, and the use of local primary-source data to produce empirically based work. All of our analysts have advanced degrees, and virtually all have lived and worked abroad. Similarly, our strategists and military/naval operations experts have either active duty experience or have served as field analysts with operating Navy and Marine Corps commands. They are skilled at anticipating the “problem after next” as well as determining measures of effectiveness to assess ongoing initiatives. A particular strength is bringing empirical methods to the evaluation of peace-time engagement and shaping activities. The Strategic Studies Division’s charter is global. In particular, our analysts have proven expertise in the following areas: The full range of Asian security issues The full range of Middle East related security issues, especially Iran and the Arabian Gulf Maritime strategy Insurgency and stabilization Future national security environment and forces European security issues, especially the Mediterranean littoral West Africa, especially the Gulf of Guinea Latin America The world’s most important navies Deterrence, arms control, missile defense and WMD proliferation The Strategic Studies Division is led by Dr.
    [Show full text]
  • Administrative Order No. 29 Naming the West Philippine Sea of The
    MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES ADMINISTRATIVE ORDER NO. 29 NAMING THE WEST PHILIPPINE SEA OF THE REPUBLIC OF THE PHILIPPINES, AND FOR OTHER PURPOSES WHEREAS, Presidential Decree No. 1599 (1978) established the Exclusive Economic Zone (EEZ) of the Philippines extending to a distance of two hundred nautical miles from the baselines of the Philippine archipelago; WHEREAS, Republic Act No. 9522 (2009), or the Baselines Law, specifically defined and described the baselines of the Philippine archipelago; WHEREAS, the Philippines exercises sovereign rights under the principles of international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS), to explore and exploit, conserve and manage the natural resources, whether living or non-living, both renewable and non-renewable, of the sea-bed, including the subsoil and the adjacent waters, and to conduct other activities for the economic exploitation and exploration of its maritime domain, such as the production of energy from the water, currents and winds; WHEREAS, the Philippines exercises sovereign jurisdiction in its EEZ with regard to the establishment and use of artificial islands, installations and structures; marine scientific research; protection and preservation of the marine environment; and other rights and duties provided for in UNCLOS; and WHEREAS, in the exercise of sovereign jurisdiction, the Philippines has the inherent power and right to designate its maritime areas with appropriate nomenclature for purposes of the national mapping system. NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by the Constitution and by law, do hereby order: Section 1.
    [Show full text]
  • Vietnam Protests Over Chinese Military Drill in South China Sea
    Vietnam protests over Chinese military drill in South China Sea BEIJING/HANOI (Reuters) - China urged Vietnam on Friday to take a calm and rational view of its military drills in the South China Sea, after Vietnam expressed opposition, as tension between the neighbors worsens over the disputed strategic waterway. China has appeared uneasy at Vietnam’s efforts to rally Southeast Asian countries over the busy waterway as well as at its neighbor’s growing defense ties with the United States, Japan and India. In July, under pressure from Beijing, Vietnam suspended oil drilling in offshore waters that are also claimed by China. Vietnam was deeply concerned about the exercises in the Gulf of Tonkin area, at the north end of the South China Sea, Foreign Ministry spokeswoman Le Thi Thu Hang said in a statement, but did not make clear what drills were being referred to. “Vietnam proposes China to cease and refrain from repeating acts that complicate the situation in the East Sea,” Hang said, employing Vietnam’s name for the South China Sea. All foreign activities in Vietnamese waters must comply with Vietnamese and international laws, she added. FILE PHOTO: An aerial view of Southwest Cay, also known as Pugad Island, controlled by Vietnam and part of the Spratly Islands in the disputed South China Sea, April 21, 2017. REUTERS/Francis Malasig/Pool Vietnam’s Foreign Ministry conveyed its position to a Chinese embassy representative on Thursday, the statement added, without saying when China’s announcement was made or when any drill might take place. In Beijing, Chinese foreign ministry spokeswoman Hua Chunying said the drills were routine annual exercises and were being carried out in the northwestern part of the South China Sea.
    [Show full text]
  • Visualization of the Geophysical Settings in the Philippine Sea Margins by Means of GMT and ISC Data
    Central European Journal of Geography and Sustainable Development 2020, Volume 2, Issue 1, Pages: 5-15 ISSN 2668-4322, ISSN-L 2668-4322 https://doi.org/10.47246/CEJGSD.2020.2.1.1 Visualization of the geophysical settings in the Philippine Sea margins by means of GMT and ISC data Polina Lemenkova* Ocean University of China, College of Marine Geo-sciences, 238 Songling Rd, Laoshan, 266100, Qingdao, Shandong, China; [email protected] Received: 22 February 2020; Revised: 12 March 2020; Accepted: 20 March 2020; Published online: 25 March 2020 _________________________________________________________________________________________________________________________ Abstract: The presented research aimed to perform geophysical modelling (gravity and geoid) and to evaluate the spatio-temporal variation of the marine geological data (distribution and depth of earthquakes) using combination of the Generic Mapping Tools (GMT) and available sources from the International Seismological Centre (ISC-EHB) that produce data on earthquakes as part of seismic survey and regional research projects. The target study area is a Philippine Sea basin (PSB) with two focused marginal areas: Philippine Trench and Mariana Trench, two hadal trenches located in the places of the tectonic plates subduction. Marine free-air gravity anomaly in the PSP shows higher values (>80 mGal) of the gravity fields structure at the volcanic areas and Philippine archipelago. Current study presented comparative geophysical analysis, and mapping free-air gravity and geoid in the Philippine Sea basin area. As a result of this study, the average level of earthquakes located in the Philippine Trench and Mariana Trench areas were compared, and those located in the Philippine archipelago are determined to be in the souther-western part (area of west Mindanao, south-west Visayas islands), while Luzon Islands shown shallower located earthquakes.
    [Show full text]
  • Team Publishes New Data About the History of the Pacific Ring of Fire 10 February 2017
    Team publishes new data about the history of the Pacific Ring of Fire 10 February 2017 level, it holds the record as the deepest point of the world's ocean. This 4000-kilometer-long trench extends from the Mariana Islands in the south through the Izu-Bonin Islands to Japan in the north. Here, the Pacific Plate is subducted beneath the Philippine Sea Plate, resulting in intense volcanic activity and a high number of earthquakes. The entire area is part of the "Pacific Ring of Fire." But when and how exactly did the subduction of the Pacific Plate begin? This is a controversial topic among scientists. An international team led by the GEOMAR Helmholtz Center for Ocean Research Kiel, the Japan Agency for Marine Earth Science and Technology (JAMSTEC) and the Australian National University investigated this early phase of subduction along the Izu-Bonin-Mariana trench, with findings published in the March edition of the scientific journal Earth and Planetary Science Letters. The graphic shows the early stages of the Izu-Bonin The study is based on a drill core that was obtained subduction zone. The active subduction zone has been by the International Ocean Discovery Program moving eastwards throughout its history. The drilling (IODP) in 2014 with the US research drilling vessel took place where the process has begun. Credit: Philipp JOIDES RESOLUTION some 600 kilometers west Brandl, GEOMAR of the current Izu-Bonin Trench. "For the first time, we were able to obtain samples of rocks that originate from the first stages of subduction," says Dr. Philipp Brandl from GEOMAR, first author of the The movements of Earth's tectonic plates shape study.
    [Show full text]
  • China Versus Vietnam: an Analysis of the Competing Claims in the South China Sea Raul (Pete) Pedrozo
    A CNA Occasional Paper China versus Vietnam: An Analysis of the Competing Claims in the South China Sea Raul (Pete) Pedrozo With a Foreword by CNA Senior Fellow Michael McDevitt August 2014 Unlimited distribution Distribution unlimited. 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 legal analysis was 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 Raul “Pete” Pedrozo, USN, Judge Advocate Corps (ret.),1 the author of this analysis, is to provide U.S.
    [Show full text]
  • 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].
    [Show full text]
  • The World Factbook
    The World Factbook East & Southeast Asia :: Spratly Islands Introduction :: Spratly Islands Background: The Spratly Islands consist of more than 100 small islands or reefs. They are surrounded by rich fishing grounds and potentially by gas and oil deposits. They are claimed in their entirety by China, Taiwan, and Vietnam, while portions are claimed by Malaysia and the Philippines. About 45 islands are occupied by relatively small numbers of military forces from China, Malaysia, the Philippines, Taiwan, and Vietnam. Since 1985 Brunei has claimed a continental shelf that overlaps a southern reef but has not made any formal claim to the reef. Brunei claims an exclusive economic zone over this area. Geography :: Spratly Islands Location: Southeastern Asia, group of reefs and islands in the South China Sea, about two-thirds of the way from southern Vietnam to the southern Philippines Geographic coordinates: 8 38 N, 111 55 E Map references: Southeast Asia Area: total: less than 5 sq km country comparison to the world: 248 land: less than 5 sq km water: 0 sq km note: includes 100 or so islets, coral reefs, and sea mounts scattered over an area of nearly 410,000 sq km of the central South China Sea Area - comparative: NA Land boundaries: 0 km Coastline: 926 km Maritime claims: NA Climate: tropical Terrain: flat Elevation extremes: lowest point: South China Sea 0 m highest point: unnamed location on Southwest Cay 4 m Natural resources: fish, guano, undetermined oil and natural gas potential Land use: arable land: 0% permanent crops: 0% other:
    [Show full text]
  • The Spratly Islands Administered by the Individual States of the Region and the Boundaries of Claims Versus the Exclusive Econom
    The Spratly Islands administered by the individual states of the region and the boundaries of claims versus the exclusive economic zones and the boundaries of the continental shelf 0 25 50 75 100 km 0 25 50 75 100 NM 2009 VIETNAM 1974 Northeast Cay Southwest Cay Block Claim Vietnam Petroleum South Reef West York Island Thitu Island Subi Reef Irving Reef Flat Island Loaita Cay Nanshan Island Lankiam Cay Loaita Island a e Centre Cay Petley Reef S Itu Aba Island Sand Cay Gaven Reef a Namyit Island n i Discovery Great Reef 1979 Hughes Reef Mischief Reef h Sin Cowe Island C (Union Banks) Grierson Reef Collins Reef Higgens Reef Second Lansdowne Reef Thomas Shoal h Johnson South Reef t u Fiery Cross Reef First o Bombay Castle S Thomas Shoal 2009 2009 (London Reefs) PHILIPPINES Central Reef Pearson Reef Pigeon Reef 1979 West Reef Cuarteron Reef East Reef Alison Reef Ladd Reef Cornwallis South Reef Spratly Island Commodore Reef Prince of Wales Bank Barque Canada Reef Erica Reef Investigator Shoal Alexandra Bank Mariveles Reef Prince Consort Bank Amboyna Cay Grainger Bank Rifleman Bank Ardasier Reef Vanguard Bank Swallow Reef 1979 1979 The boundaries of the claims in the South China Sea have not been precisely delimited. This is their approximate location, presented for illustrative purposes only. for illustrative location, presented delimited. This is their approximate precisely not been Sea have the claims in the South China The boundaries of : MALAYSIA © / Reservation LEGEND Areas of land (islands, cays, reefs, rocks): Submerged areas and areas only partly above water: Boundaries of claims submitted by: Boundaries of the exclusive economic zones delimited pursuant to the ruling of the Permanent Court of Arbitration in The Hague issued in 2016 (case number 2013–19) and in line with the UNCLOS, i.e.
    [Show full text]
  • Origin of Marginal Basins of the NW Pacific and Their Plate Tectonic
    Earth-Science Reviews 130 (2014) 154–196 Contents lists available at ScienceDirect Earth-Science Reviews journal homepage: www.elsevier.com/locate/earscirev Origin of marginal basins of the NW Pacificandtheirplate tectonic reconstructions Junyuan Xu a,⁎, Zvi Ben-Avraham b,TomKeltyc, Ho-Shing Yu d a Department of Petroleum Geology, China University of Geosciences, Wuhan, 430074, China. b Department of Geophysics and Planetary Sciences, Tel Aviv University, Ramat Aviv 69978, Israel c Department of Geological Sciences, California State University, Long Beach, CA 90840, USA d Institute of Oceanography, National Taiwan University, Taipei, Taiwan article info abstract Article history: Geometry of basins can indicate their tectonic origin whether they are small or large. The basins of Bohai Gulf, Received 4 March 2013 South China Sea, East China Sea, Japan Sea, Andaman Sea, Okhotsk Sea and Bering Sea have typical geometry Accepted 3 October 2013 of dextral pull-apart. The Java, Makassar, Celebes and Sulu Seas basins together with grabens in Borneo also com- Available online 16 October 2013 prise a local dextral, transform-margin type basin system similar to the central and southern parts of the Shanxi Basin in geometry. The overall configuration of the Philippine Sea resembles a typical sinistral transpressional Keywords: “pop-up” structure. These marginal basins except the Philippine Sea basin generally have similar (or compatible) Marginal basins of the NW Pacific Dextral pull-apart rift history in the Cenozoic, but there do be some differences in the rifting history between major basins or their Sinistral transpressional pop-up sub-basins due to local differences in tectonic settings. Rifting kinematics of each of these marginal basins can be Uplift of Tibetan Plateau explained by dextral pull-apart or transtension.
    [Show full text]
  • Tides of Change: Taiwan's Evolving Position in the South China
    EAST ASIA POLICY PAPER 5 M AY 2015 Tides of Change: Taiwan’s evolving position in the South China Sea And why other actors should take notice Lynn Kuok Brookings recognizes that the value it provides to any supporter is in its absolute commitment to quality, independence, and impact. Activities supported by its donors reflect this commitment, and the analysis and recommendations of the Institution’s scholars are not determined by any donation. Executive Summary aiwan, along with China and four Southeast The People’s Republic of China (PRC) inherited its Asian countries, is a claimant in the South claims from the Republic of China (ROC) after the TChina Sea, though this fact is sometimes Chinese civil war. Thus, the ROC’s interpretation overlooked. On paper, Taiwan and China share of its claims is relevant to the PRC’s claims. No- the same claims. The dashed or U-shaped line en- tably, a more limited reading of the claims would capsulating much of the South China Sea appears not be inconsistent with China’s official position on both Taiwanese and Chinese maps. as set out in its 2009 and 2011 statements to the United Nations. Neither China nor Taiwan has officially clarified the meaning of the dashed line which could be Taiwan’s overtures have largely, however, been ig- seen as making a claim to the wide expanse of wa- nored. At the root of this is China’s “one-China” ter enclosed within the dashed line or (merely) to principle, which has cast a long shadow over Tai- the land features contained therein and to mari- wan.
    [Show full text]