Malek, Melda (2013) A Legal assessment of China's historic claims in the South China Sea. Australian Journal of Maritime and Ocean Affairs, Vol.5 (1). pp. 28-36. ISSN 1836-6503
Full text not available from this repository. (Request a copy)Abstract
This article aims to understand China’s historic claim, the purpose and status of the nine-dashed line map and analyses the legal implications of China’s historic claim over the islands and maritime areas of the South China Sea. From the various, albeit ambiguous, claims that refer to the element of ‘history’ as the basis for supporting China’s claims, it can be surmised that China’s historic claims comprise two broad aspects: a ‘historic basis of sovereignty’ claim over islands in the South China Sea, and a ‘historic claim over maritime areas/activities’ in South China Sea. The article concludes that in order to assess China’s claims in the South China Sea, these claims will have to be examined independently of the nine-dashed line map as the map has little or no legal value for China to establish its various claims. Further, China’s historic claim over maritime areas (water column, seabed and subsoil, low tide elevations and submerged features) cannot supersede other coastal states’ well established rights over their exclusive economic zones and continental shelf.
| Item Type: | Articles |
|---|---|
| Keywords: | China, South China Sea, Maritime Zone, Islands, Maritime Boundary, Conflicts, Instruments, UNCLOS, Territorial Sea |
| Subjects: | Right to Resources |
| Depositing User: | Chitti Babu ICSF |
| Date Deposited: | 01 Jun 2022 05:20 |
| Last Modified: | 01 Jun 2022 05:20 |
| URI: | http://icsfarchives.net/id/eprint/12759 |
Actions (login required)
 |
View Item |
