Sangkula, Alyzza PSC1101 - SEC 3

A Position paper on the agreement on the access and navigation of military and commercial
vessels over international waters asserted by the Chinese through the 9-dash line.

The old controversy concerning the South China Sea is still in an ongoing process of
international discussion. It has usually been a tranquil area of the sea since time immemorial.
Until the late twentieth century drew to a close, the place had been a profitable fishing ground
largely known for its fertile fisheries, it is also known for the rich gas and oil reserves that it
could offer, and a good route of navigation for the nations surrounding the region and so as to the
international community. Although, the serenity of this area has been disputed by two current
progresses. The physical occupation of the Spratly Islands by several coastal states is the first
event that occurred to disturb this area in the 1970s. This process of claiming the Islands has
been sustained through the rest of the century. For the time being, virtually all the islands within
the Spratly Islands have been believed to be alleviated by attempts to physical control by one
coastal state or another.

Each nation has its own asserted territory in spite of the fact that there had been
occurrences of global wars within the same world humans currently live in; these claimed
territories are still under the monitor of the authority to nurture the peace and sustain the domain
from chaos. However, The Republic of China has been observed to be navigating beyond their
territorial sea which is discerned as an illegal act under the United Nations Convention on the
Law of the Sea (UNCLOS). In 2009, China presented a map of the 9-dash line to the United
Nations that comprises the entirety of South China Sea, inclusively containing some parts of the
western area of the Philippines, starting from the Ilocos Norte up to Palawan to justify that these
areas are within the China’s claim. However, it has been repeatedly deemed invalid due to the
call that it is not in accordance with UNCLOS.

These actions committed by China do take effect on several economies and

administrations of various seaboard countries, surely including Vietnam. Chinese coast guards
have been illegally circumnavigating the territorial waters of the Philippines which they demand
to be part of their own territory regardless of having no proof to be declared as theirs, this kind of
act radiates disrespect to the neighboring countries that are also sometimes victimized of this
quality of treatment. China has never proceeded to make an official claim for the territories prior
to the International Tribunal for the Laws of the Sea or (ITLOS), as given that the majority of
claimants must do so. As an alternative, it focused on the territories of the sovereign nations with
pending claims over the seas and simply took its territories. The claimants are comprised of the
Philippines, Vietnam, Taiwan, Malaysia and Brunei. Vietnam does also lose its access and rights
to the resources of their own territory causing the nation to be deprived of its own properties.

In relation to the 9-dash line, Vietnam has a claim involved in it and currently, it has
called out China demanding to stop its repeatedly occurring sea violations, adopting proper
measures to further enforce the sovereignty of their nation and jurisdiction in a peaceful manner
in accordance with international law.

China has already violated multiple international laws, may it be within the waters and

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 through territorial islands, initially taking advantage through their own power and image to rule
over the 9-dash line and continuously sail around the territorial waters of not their own claim, it
is no longer considered as a slight mistake but a form of harassment towards the affected neighboring
countries in terms of areas and regions. Inversely, littoral states are not even given the right to access their
own area of responsibility preoccupied by the 9-dash line, an unofficial and rejected claim that is being
treated as a law by China.

References:

United States Congress Senate Committee. (2010). United Nations Convention On The Law Of The Sea.
BiblioGov. https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Gao, Z., & Jia, B. B. (2013). The Nine-Dash Line in the South China Sea: History, Status, and
Implications. American Journal of International Law, 107(1), 98–123.
https://doi.org/10.5305/amerjintelaw.107.1.0098

Rosen, M. E. (2014, August). Philippine Claims in the South China Sea: A Legal Analysis. CNA
Corporation. https://www.cna.org/cna_files/pdf/iop-2014-u-008435.pdf

Shukla, S. (2020, July 28). What is nine-dash line? The basis of China’s claim to sovereignty over South
China Sea. ThePrint. https://theprint.in/theprint-essential/what-is-nine-dash-line-the-basis-of-chinas-
claim-to-sovereignty-over-south-china-sea/469403/

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