China’s Claims In The South China Sea And Its Nine-Dotted Line

Currently, the South China Sea, which has great strategic and economic value, is one of the most disputable areas in the world. There are six parties claiming rights in the area, including China, Taiwan, Vietnam, Malaysia, Brunei, and the Philippines. Those nations claim rights both over the islet features and waters in the area. The South China Sea dispute has two aspects:(1) the conflicting claims over islet features in the disputed area, and (2) the conflicting claims over disputed water areas in the South China Sea. China, among the six claimants, claims sovereignty over all the islet features based on the nine-dotted line in China’s maps. As to maritime rights, China’s claim is very vague.The dotted line, which is composed of nine disconnected segments, has appeared in the South China Sea area on China’s map for more than half a century. China has used it as a basis to claim its rights in the South China Sea. However, so far, there is no official explanation and definition for the line. Chinese scholars have attempted to find some legal basis and explanation for the line. They have proposed four different theories:(1) the line is China’s maritime boundary line in the South China Sea;(2) water areas within the line is China’s historic waters;(3) the line delimits islet features over which China enjoy sovereignty rights in the disputed area; and (4) China enjoys historic rights over sea areas within the line. This thesis will do two major tasks. First, it analyzes the legal basis of the four theories regarding the nine-dotted line under international law. Second, it uncovers what rights China intends to claim over the disputed area, based on an analysis of China’s official practice regarding the dispute. It turns out that several things are clear:China claims sovereignty rights over the islet islands within the line and relevant rights over adjacent waters under the United Nations Law of the Sea Convention (LOS). However, contrary to widely held beliefs, it has never claimed the entire area within the line as its territory or historic water. However, it remains unclear whether China intends to claim maritime rights, which are not under regimes of LOS Convention, based on historic evidence and the nine-dotted line.Recent developments of China’s national practice shows that China intends to modify its claims over the disputed area in accordance with international law, especially with the1982United Nations Convention on the Law of the Sea, which establishes regimes of maritime areas. Actually, that is what China should do, which is in China’s best interest. Based on the analysis of the four theories regarding the nine-dotted line, the line’s evidential value under international law is quite weak. But China may want to keep the line for some political considerations. For example, it could use the line as bargain chips in negotiations with other claimants. Nevertheless, China should also clarify the legal status of the nine-dotted line and its claims over the disputed area based on it, because it is one of the most important preconditions for bilateral or multilateral cooperation of those claimants to solve the dispute.