Tuesday, July 12, 2016

United Nations Rules Against China's Claim to SCS

Most people have never heard of the United Nations (UN) Arbitral Tribunal.  It was set up to settle disputes that otherwise might lead to confrontation or fighting, especially maritime ones.  In 2013, after a 2012 dispute with Chinese vessels, the Philippines brought a case that concerned China's claims to the South China Sea.  China refused to participate and has ignored the basis of any claim against them.  They will undoubtedly continue that same course.  They ignore any idea that the claim they have to the South China Sea might be a matter of interpretation.  They believe they own the territory and have set out to make sure everyone else in the world acts as if it does.  This kind of action by China leaves the rest of the world's leaders wondering if they can follow any standards of behavior except the ones they believe in.

China acts as if it has already won this battle on its own terms and will not surrender now.  Building an island out of nothing does set an interesting precedent and on that count they have created a new entity that belongs to them.  That really was not the whole point of the Tribunal's case.  The part we are missing was the second finding, that the Exclusive Economic Zone (EEZ) of the Philippines was being interfered with by China.  China violated the Philippine's exclusive economic zone by interfering with fishing, petroleum exploration and constructing artificial islands.  China is really not going to like that part because it applies a lot of other places than just the Sprately Islands where the original claim came from.   Now, it won't be just the Philippines by themselves.  Viet Nam and a host of others can continue their pushback with the legal and moral high ground.



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