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China's assertions in the South China Sea are divided into two categories.

They are: (a)


territorial sovereignty claims to South China Sea geographical features, and (b)
maritime rights and interests claims in the South China Sea. China claims sovereign
rights over the South China Sea Islands (Nanhai Zhudao), which includes the Pratas
Islands (Dongsha Qundao), the Paracel Islands (Xisha Qundao), Macclesfield Bank and
Scarborough Shoal (Zhongsha Qundao), and the Spratlys Islands (Nansha Qundao).
Because Macclesfield Bank is entirely submerged, it cannot be considered an
appropriate-able land territory in the legal sense.

China claims to the territorial sea, contiguous zone, and internal waters. As a matter of
policy, China has only declared baselines for the territorial sea surrounding Hainan and
the Paracel Islands. Baselines have not been established for the Pratas Islands
(managed by Taipei), the Spratly Islands, Macclesfield Bank, or the Scarborough Shoal.
Based on China's proclamations (since 1956) and behavior in the South China Sea,
China does not consider the waters beyond 12 nautical miles of the various South
China Sea Islands (Nanhai Zhudao) to be part of its territorial sea or internal waters.

China's Exclusive Economic Zone (EEZ) and Continental Shelf Claims (CS). As a
matter of policy, China makes no distinction in the South China Sea between a "island,"
a "rock," or a "low-tide elevation," nor does it specify the geographic extent of its
EEZ/CS entitlement. Rather, China asserts sovereign rights and jurisdiction over
"relevant" waters, as well as the seabed and subsoil beneath them, within the "nine-
dash line" in general terms, which corresponds to the maritime zones anticipated by the
Law of the Sea Convention. It is worth noting that much of the area encompassed by
China's "nine-dash line" falls within the claim to an EEZ/CS drawn from the various
high-tide features of the South China Sea.

China's Claim to 'Historic Rights' in the South China Sea. According to China, these are
private rights that vest in the Chinese state and fall squarely within the "other rules of
international law" that the Law of the Sea Convention protects. As a vested right,
'historic rights' are not formed in maritime areas based on the 'land dominates the sea'
principle. It is worth noting that China's claim of "historic rights" and the "nine-dash line"
are not synonymous. On the contrary, every major Chinese diplomatic communication
since the Philippines v. China arbitration award has reaffirmed China's claim to "historic
rights" in the South China Sea. In contrast, no one mentions the 'nine-dash line' in any
context.

https://chinaus-icas.org/research/chinas-claims-in-the-south-china-sea/
The Philippines should proceed to explore and develop the oil and gas in the West
Philippine Sea, similar to the action of its neighbors who were able to assert their
sovereign rights over their waters and completed drilling even without the benefit of an
Arbitral Award and defense treaty. Former foreign affairs secretary Albert Del Rosario
made the statement after Minister Liu Jianchao of the International Department of the
Central Committee of the Communist Party of China and former ambassador to Manila,
declared during his visit on Aug. 28, 2022 that China and the Philippines are ready to
continue negotiations on oil and gas development in the West Philippine Sea, which
includes Reed Bank.

According to Del Rosario, the 2016 Award under the United Nations Convention on the
Law of the Sea (UNCLOS) explicitly held that, "under international law, the West
Philippine Sea, including Reed Bank, exclusively belongs to Filipinos, and no one else.
"He emphasized that, under international law, "Filipinos do not require China's approval
or permission to explore for and exploit oil and gas in the West Philippine Sea." "The
question, therefore, is: what is there to talk about, in terms of discovering and
developing the natural resources in the West Philippine Sea, when it is evident that the
West Philippine Sea entirely belongs to Filipinos?" Del Rosario issued a statement.
Under international law, China has zero claim on the West Philippine Sea, but Beijing
continues to claim it by law and by force of arms. He emphasized that Filipinos have the
right to explore and exploit oil and gas in the West Philippine Sea, including Reed Bank,
without interference or harassment from other countries. According to Del Rosario, the
appropriate road for Chinese participation in this endeavor is for China to recognise that
the natural resources of the West Philippine Sea belong to Filipinos and to allow
Chinese enterprises to subject to Philippine laws in the exploration and exploitation of
natural resources in the West Philippine Sea.

https://www.philstar.com/headlines/2022/09/05/2207482/philippines-should-proceed-
west-philippine-sea-exploration-without-china

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