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If China follows UNCLOS in this area of the sea, can it ignore it in areas where it has no such claim, just its nine-dashed assertive line?
When the Philippines took its opposition to China's maritime claims to UNCLOS in March, China huffily refused to accept the arbitration.It has also sought to stop American naval and air-force vessels operating in its exclusive economic zone (EEZ), 200 nautical miles from its shoreline (see map), which America and many of its allies consider a violation of UNCLOS.
During the US-ASEAN meeting in Sunnyland earlier this year, both sides mentioned the centrality of international law, particularly UNCLOS, in resolving South China Sea disputes.
What the Philippines did in pushing the arbitration in Hague is contradictory to basic principles of international law in general and UNCLOS in particular.
Although China formally ratified UNCLOS in 1996, in 2006 the Chinese government filed a statement with UNCLOS saying that it "does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a), (b), and (c) of Article 298 of the Convention".
That is made abundantly clear with China's ratification of the UNCLOS in 1982 and its signing of the Declaration on the Conduct of Parties in the South China Sea in 2002 reaffirming its "respect for and commitment to the freedom of navigation in and overflight above the South China Sea".
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But in the south, Malaysia, the Philippines and Brunei also have partial claims.Some of these arguments might in theory be soluble under the United Nations Convention of the Law of the Sea (UNCLOS), established in 1982.
In 2009, the PRC submitted a claim over the Senkaku Islands (which, like Scarborough Shoal and the Spratlys, are believed to be fuel rich) and turned to UNCLOS rules in defining and delineating its Continental Shelf beyond the 200 nautical mile Exclusive Economic Zone, again within the meaning of UNCLOS.
Despite being a party to the DoC and the United Nations Convention on the Law of the Sea (UNCLOS), China, in recent days, has brazenly admitted that it has been constructing facilities on the Johnson Reef, a South China Sea feature that falls well within the Philippines' EEZ.
According to the UN Convention on the Law of the Sea (UNCLOS), concluded in 1982, countries have exclusive control over their seabed materials out to the extent of their continental shelf (but with a minimum of 200, and maximum of 350, Nautical miles from their coastline).
In 2009, China submitted a claim over the Senkaku Islands (which, like Scarborough Shoal and the Spratlys, are believed to be fuel rich) and turned to UNCLOS rules in defining and delineating its continental shelf beyond the 200 nautical mile exclusive economic zone, again within the meaning of UNCLOS.
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