![]() ![]() ![]() It is entitled to a territorial sea, contiguous zone, EEZ, and continental shelf rights.īefore land reclamation, Johnson, Cuarteron, and Fiery Cross Reefs were rocks and the other reefs were, at most, low-tide elevations. Island: A landmass permanently above water that can sustain human habitation or economic life on its own.It is entitled to a territorial sea and contiguous zone, but not an exclusive economic zone (EEZ) or continental shelf rights. Rock: A landmass permanently above water but unable to sustain human habitation or economic life on its own.Outside an existing territorial sea it is not entitled to a separate maritime zone. Low-tide elevation: A landmass above water only at low tide.In particular, the Spratlys dispute involves three types of territorial objects at sea: Since UNCLOS affords differing maritime based on the geographic characteristics of a given landmass, at first blush these changes could have big implications for both China and the Philippines. There are similarly stark changes at each of the other reefs. Today, there are 3.9 million square meters of reclaimed land above water at high tide on Subi Reef, and it is home to a pair of wooden barracks, communications array, and helipad. For example, in 1995, Subi Reef was completely submerged at high tide. These include Mischief, Gaven, Subi, Johnson, Cuarteron, Fiery Cross, and Hughes (McKennan) Reefs. Recent land reclamation has dramatically transformed seven disputed maritime features in the Spratly Islands. The UN Convention on the Law of the Sea (UNCLOS) and past decisions by international tribunals suggest that land reclamation will not affect the Permanent Court of Arbitration’s decision because: (1) artificial islands don’t have the legal significance afforded natural islands, and (2) land reclamation occurred after the so-called “critical date” when the China-Philippines dispute “crystallized” in international legal terms. The Philippines has a strong case for why the PRC’s artificial islands should not be considered real islands. Of these eight features, seven are home to ongoing PRC land reclamation. In its initial statement of claim, the Philippines asked the Court to invalidate China’s Nine-Dash Line (click here for a good overview of that issue) and determine that eight PRC-controlled maritime features are not islands. But much less is being said about what the Permanent Court of Arbitration just finished considering for the past week: are artificial islands really islands? According to the Philippines, the answer is straightforward: No. We have all heard about land reclamation by the People’s Republic of China (PRC) in the South China Sea, particularly the southeastern region known as the Spratly Group. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |