A Research On The Legal Status Of Taiping Island

Taiping Island is the largest natural island in the Spratly Islands,it is significant whether Taiping Island can be defined as a legal "island" and can produce 200 nautical miles of exclusive economic zone and continental shelf.The"South China Sea Arbitration Case" was initiated by the Philippine in 2013 that concerned with the definition of the legal status of Taiping Island.Its controversy focused on the interpretation and application of Article 121(3)of the United Nations Convention on the Law of the Sea(UNCLOS),which affected China’ s interests in the Spratly Islands.In the case,the Philippine claimed that Taiping Island is "rock",by carrying out a strict interpretation of Article 121(3)of the UNCLOS.China firmly rejected the jurisdiction of the arbitral tribunal,insisted on an attitude of not participating,accepting or acknowledging,and firmly defended the legal status of Taiping Island as an island.Finally,the arbitral tribunal made a complex and meticulous interpretation of Article 121(3)of the UNCLOS by adopting strict standards,which dealt with the two conditions of "sustaining human habitation" and "sustaining economic life of their own",denied that Taiping Island is an island.Explaining Article 121(3)of the UNCLOS in the principles of Articles 31st and 32nd of the Vienna Convention on the Laws of Treaties,and considering the history of the emergence,the development of an integrated island system,the views of eminent scholars and the decisions of international judicial bodies,it should be interpreted in a lenient manner,outlining the criteria for determining the reef:over a period of time,it can provide human living with resources,or to a certain extent,it can be independently developed and utilize its resources and bring economic benefits.If either of the above conditions can be satisfied,it’s an island.If not,it is "rock" on the basis of Article 121(3)of the UNCLOS.In addition,according to the international judicial practice,the size of reef and other factors may affect the judgement of the properties of maritime features.On the one hand,the climatic conditions and soil and water conditions of Taiping Island are suitable for human habitation,its soil can grow a variety of plants and it is rich in water resources,which can meet the needs of daily life.On the other hand,Taiping Island has such resources as phosphate ore can be exploited,and can also carry out many economic activities such as marine service and aquaculture.Therefore,Taiping Island has the elements of an island capable of producing exclusive economic zone and continental shelf.