The UNCLOS ruling was expected to rule in favor of the Philippines, but I think no one expected it to be this much of harsh rebuke against China:
An international tribunal in The Hague delivered a sweeping rebuke on Tuesday of China’s behavior in the South China Sea, including its construction of artificial islands, and found that its expansive claim to sovereignty over the waters had no legal basis.
The landmark case, brought by the Philippines, was seen as an important crossroads in China’s rise as a global power and in its rivalry with the United States, and it could force Beijing to reconsider its assertive tactics in the region or risk being labeled an international outlaw. It was the first time the Chinese government had been summoned before the international justice system.
In its most significant finding, the tribunal rejected China’s argument that it enjoys historic rights over most of the South China Sea. That could give the governments of Brunei, Indonesia, Malaysia, Taiwan and Vietnam more leverage in their own maritime disputes with Beijing.
The tribunal also said that China had violated international law by causing “irreparable harm” to the marine environment, endangering Philippine ships and interfering with Philippine fishing and oil exploration.
“It’s an overwhelming victory. We won on every significant point,” said the Philippines’ chief counsel in the case, Paul S. Reichler.
But while the decision is legally binding, there is no mechanism for enforcing it, and China, which refused to participate in the tribunal’s proceedings, reiterated on Tuesday that it would not abide by it.
Speaking at a meeting with European leaders, President Xi Jinping was defiant, reasserting China’s claim to sovereignty over the South China Sea “since ancient times,” the state-run People’s Daily reported. His remarks echoed a statement from the Foreign Ministry. The tribunal’s decision “is invalid and has no binding force,” the ministry said. “China does not accept or recognize it.” [NY Times]
You can read much more at the link, but first of all as the court pointed out Chinese historical claims to the SCS are ridiculous. Should the Mongolians put in a claim for the parts of China and central Asia they once controlled? Maybe the Koreans should put in a claim to the parts of northeast China they once controlled as well?
It will be interesting though to see what China does in response. Considering how much nationalism the communist regime has put into their South China Sea claims they will have to do something. The easiest thing would be to declare an ADIZ; the most provocative would be to start land reclamation at the Scarborough Shoal which they stole from the Philippines and the international court confirmed. The Scarborough Shoal is just off the coast of the Philippines and building a base there would put potential US assets based in the Philippines at risk.
So what does the US do in response? I can’t imagine anyone wants a war over this and the Chinese know this so what is to stop them from moving forward with their consolidation of the SCS? There needs to be an asymmetric response and the recent approval to sell US weapons to Vietnam is a perfect example. Determining weapons that could be sold to other regional countries in response to Chinese provocations could be a strategy to think about.
I have always wondered why the environmentalists are not involved in this? The international court confirmed the Chinese are destroying a fragile eco-system with their scorched earth fishing and dredging in the SCS. Where is Sea Shepherd and Greenpeace? This is actually an area I would support them protesting instead of non-endangered whales. The environmentalists could bring international attention and embarrassment against what the Chinese are doing in the SCS.
Anyone else have any ideas and how the international community should respond to China’s now confirmed illegal territorial grab in the South China Sea?
