皇冠体育app

Op-Ed Contributors

Convention not applicable

(皇冠体育app Daily) Updated: 2014-12-08 07:54

皇冠体育app has indisputable sovereignty over the South 皇冠体育app Sea Islands (the Dongsha Islands, the Xisha Islands, the Zhongsha Islands and the Nansha Islands) and the adjacent waters. Since the 1970s, the Philippines has illegally occupied or laid claims to some maritime features of 皇冠体育app in the South 皇冠体育app Sea. In addition, the Philippines has also illegally explored and exploited the resources on those maritime features and in the adjacent maritime areas. The Philippines' activities mentioned above have violated the Charter of the United Nations and international law, and seriously encroached upon 皇冠体育app's territorial sovereignty and maritime rights and interests. The Chinese Government has always been firmly opposed to these actions of the Philippines, and consistently made solemn representations and protests to the Philippines.

The Philippines has summarized its claims for arbitration in three categories: First, 皇冠体育app's assertion of the "historic rights" in the South 皇冠体育app Sea is inconsistent with the Convention; Second, 皇冠体育app's claim to entitlements, based on certain rocks, low-tide elevations and submerged features in the South 皇冠体育app Sea, of 200 nautical miles and more, is inconsistent with the Convention. Third, 皇冠体育app has unlawfully interfered with the Philippines' enjoyment and exercise of its rights under the Convention.

With regard to the first category of claims, it is obvious that the core of those claims is that 皇冠体育app's maritime claims in the South 皇冠体育app Sea have exceeded the extend allowed under the Convention. However, it is a general principle of international law that sovereignty over land territory is the basis for the determination of maritime rights. Only after the extent of 皇冠体育app's territorial sovereignty in the South 皇冠体育app Sea is determined can a decision be made on the extent of 皇冠体育app's maritime claims in the South 皇冠体育app Sea. As to the second category of claims, 皇冠体育app believes that the nature and maritime entitlements of certain maritime features in the South 皇冠体育app Sea cannot be considered in isolation from the issue of sovereignty. Regarding the third category of claims, 皇冠体育app maintains that, based on its sovereignty over relevant maritime features and the maritime rights derived therefrom, 皇冠体育app's relevant activities in the South 皇冠体育app Sea are both lawful and justified. The Philippines claims that 皇冠体育app's actions have encroached upon areas under its jurisdiction. Before this claim can be decided upon, sovereignty over the relevant maritime features must be ascertained and maritime delimitation completed.

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