Two-Pager: The International Law of the Sea and the South China Sea Disputes
China Knowledge Network
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fishing boat south china sea
Disclaimer: This two-pager has been prepared by the CKN Secretariat and should not be considered the work of the individuals listed as authors of the report.
Key Takeaways:
- UNCLOS fundamentally reshaped the South China Sea by extending coastal State rights through the EEZ and continental shelf regimes.
- The disputes concern both sovereignty over islands and whether disputed features can legally generate EEZs and continental shelves under UNCLOS.
- China’s nine-dash line and claims to historic rights remain highly contested and are widely viewed as incompatible with UNCLOS.
- The 2016 South China Sea Arbitration clarified that historic rights claims beyond UNCLOS are invalid and that disputed Spratly features do not generate EEZs or continental shelves.
- Despite China’s rejection of the ruling, UNCLOS remains the central legal framework governing the South China Sea disputes.
Document
READ THE TWO-PAGER HERE
(87.69 KB)
China Knowledge Network
The Dutch China Knowledge Network (CKN) is a network established to involve China experts and disseminate knowledge within the government of the Netherlands and beyond.Our key task is to connect various angles of research and events to better understand China’s motives, policies and vision to develop more effective policies and better advise social partners. The secretariat of the knowledge network has been assigned to think tank Clingendael together with LeidenAsiaCentre. They will function primarily as ‘knowledge brokers’, matching the supply and demand of knowledge.
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