By Lu Yang

January 19, 2016

"The Jurisdictional Award hereafter referred to as 'the Award' of the South China Sea (SCS) Arbitration provides that eight of the Philippines' Submissions involve issues not possessing an exclusively preliminary character. The Tribunal cannot determine whether it has jurisdiction over them without considering issues in the merits. Today I will review the Award concerning China's 'invocation' of historical right to justify its SCS maritime claim and whether Meiji Jiao and Ren'ai Jiao is part of the Philippines' exclusive economic zone (EEZ) and continental shelf (CS).

Submission 1-2 contend that 'China's maritime entitlements in the SCS, like those of the Philippines, may not extend beyond those permitted by the United Nations Convention on the Law of the Sea (UNCLOS)'; and that 'China's claims to sovereign rights and jurisdiction, and to 'historic rights', with respect to the maritime areas of the SCS encompassed by the so-called 'nine-dash line' are contrary to UNCLOS and without lawful effect to the extent that they exceed the geographic and substantive limits of China's maritime entitlements under UNCLOS.'

These Submissions intend to reflect a dispute concerning China's claim of 'historical rights' to justify its extra-UNCLOS maritime claim within the nine-dash line. The Award considers these Submissions reflecting a dispute concerning the interpretation or application of UNCLOS, but not concerning sovereignty and sea boundary delimitation."

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