The ruling by the Permanent Court of Arbitration (PCA) against China’s nine-dotted-line claim over the East Sea provides an important legal basis for a unified interpretation of the 1982 UN Convention on the Law of the Sea (UNCLOS).
The court’s decision upholds the rule of law and opens prospects for the settlement of disputes in the East Sea.
The Permanent Court of Arbitration in The Hague has refuted the legality of China’s claim, saying that entities occupied by China are not islands so they are not entitled to a 200 nautical mile exclusive economic zone under UNCLOS.
The PCA verdict should be considered a binding interpretation of the international law of the sea.
Interpretation of concepts
For the first time a series of concepts were clarified on the basis of UNCLOS.
The statuses of structures in the East Sea differ from each other depending on whether they are islands, rocks, or banks.
According to the PCA’s ruling, many of the banks have been enlarged by China but UNCLOS classifies structures on the basis of their natural condition.
Therefore, none of the structures claimed by China is entitled to a 200 nautical mile exclusive economic zone.
The ruling makes clear that China’s misinterpretation and misapplication of the 1982 UNCLOS has led to groundless claims that violate the legitimate rights and interests of other claimants.
Dr. Tran Viet Thai, Deputy Director of the Strategic Research Institute of the Ministry of Foreign Affairs, said, “This marks a big step forward in maritime law. For the first time, there is a document that defines islands, rocks and other entities and stipulates in detail the application in the East Sea. The court ruling helps resolve disputes."
"I think there are 4 groups of major disputes in the East Sea: maritime disputes triggered by the nine-dotted-line claim, disputes over the interpretation of the law of the sea, disputes over extended continental shelves and disputes over rights to natural resources. By helping to resolve disputes, the ruling makes an important contribution to regional peace and stability,” he said.
Dr. Gerhard Will, a former expert with the German Institute for International and Security Affairs, said the ruling will affect the behaviour of the parties involved.
Legal precedent
Gregory Poling, Director of the Asia Maritime Transparency Initiative at the Centre for Strategic and International Studies (CSIS) in Washington, said the PCA verdict creates momentum for settling maritime disputes through peaceful means and international arbitration.
He noted that there is now a common legal basis for the involved parties’ claims.
Dr. Tran Cong Truc, former Director of Vietnamese government's Border Committee, said the PCA ruling helps bridge complicated disputes in the East Sea and creates a legal precedent for claimants.
Dr. Tran Viet Thai of the Strategic Research Institute underscored the court ruling’s effects, "The PCA decision promotes the rule of law, provides a legal precedent, and marks an important step forward in international justice. Second, it helps reduce forms of disputes, including those in the East Sea."
"Third, it equips regional countries with sharp historical and legal arguments in protecting national sovereignty and raising common awareness on the interpretation of the law of the sea. Last, this progress contributes to peace and stability in the region and the world,” he added.
