Public International Law Lecture 8
Law of the Sea and Environmental Law
Before the WWII, there were only small territorial coast lines of approximately 6 km. This
changed drastically after the war.
Law of the sea- seaward expansion coastal States
South China Sea
- Six (seven, Taiwan is not recognized by China, but it is part of the conflict) coastal
States
- Situation at first sight not too complex
- Presence of Spratly Islands, Paracel Islands and Scarborough Reef
o Sovereignty disputes: more than one country says they have sovereignty over
this parts
o Impact on maritime entitlements
- China’s 9-dash line: China also has the 9-dash line, almost all of the Chinese Sea is
covered by China, using this line. Line which shows the historical lines China says it
has.
- Rivalry China-US
Islands
- An island is a naturally formed area of land, surrounded by water, which is above
water at high tide (art. 121(1) UNCLOS)
- Islands in principle have the same entitlements as mainland coasts (art. 121(2)
UNCLOS)
- Exception in art. 121(3): “Rocks which cannot sustain human habitation or economic
life of their own shall have no exclusive economic zone or continental shelf.
o Example of vaguely worded provision to plaster over irreconcilable
differences in views.
China’s 9-dash line
- Origin 1947 map published by Republic of China
- China ambiguous about what this line represents
o Maritime boundary claim?
o Claim to historic rights?
Would have precedence over UNCLOS
o Originally (simply) identification of Chinese territory in the South China Sea?
- All these claims problematic
o No basis in law for maritime boundary giving so much weight to small islands
o Historic rights – if they exist – in any case limited in nature
Not clear what these historic rights are about.
o Map not independent basis for claim of title to territory
Chinese land reclamation
- Cannot change the legal status of features
- Military purpose?
- Impact on environment
Law of the Sea and Environmental Law
Before the WWII, there were only small territorial coast lines of approximately 6 km. This
changed drastically after the war.
Law of the sea- seaward expansion coastal States
South China Sea
- Six (seven, Taiwan is not recognized by China, but it is part of the conflict) coastal
States
- Situation at first sight not too complex
- Presence of Spratly Islands, Paracel Islands and Scarborough Reef
o Sovereignty disputes: more than one country says they have sovereignty over
this parts
o Impact on maritime entitlements
- China’s 9-dash line: China also has the 9-dash line, almost all of the Chinese Sea is
covered by China, using this line. Line which shows the historical lines China says it
has.
- Rivalry China-US
Islands
- An island is a naturally formed area of land, surrounded by water, which is above
water at high tide (art. 121(1) UNCLOS)
- Islands in principle have the same entitlements as mainland coasts (art. 121(2)
UNCLOS)
- Exception in art. 121(3): “Rocks which cannot sustain human habitation or economic
life of their own shall have no exclusive economic zone or continental shelf.
o Example of vaguely worded provision to plaster over irreconcilable
differences in views.
China’s 9-dash line
- Origin 1947 map published by Republic of China
- China ambiguous about what this line represents
o Maritime boundary claim?
o Claim to historic rights?
Would have precedence over UNCLOS
o Originally (simply) identification of Chinese territory in the South China Sea?
- All these claims problematic
o No basis in law for maritime boundary giving so much weight to small islands
o Historic rights – if they exist – in any case limited in nature
Not clear what these historic rights are about.
o Map not independent basis for claim of title to territory
Chinese land reclamation
- Cannot change the legal status of features
- Military purpose?
- Impact on environment
