Speech delivered on the 75th anniversary of the College of Law of the University of San Agustin, Iloilo City, 30 August 2014

The presentation discusses China’s claim over maritime space in the South China Sea through its “nine-dashed line,” which encompasses around three million square kilometers, including areas that belong to other countries’ exclusive economic zones under international law. It summarizes key aspects of the UN Convention on the Law of the Sea (UNCLOS), which established maritime zones and declared fishery resources beyond countries’ exclusive economic zones and mineral resources beyond their continental shelves as “the common heritage of mankind.” The presentation argues that China’s nine-dashed line claim violates UNCLOS and international law by attempting to claim sovereignty over waters beyond its territorial sea that are part of the global commons.

Key Points:

The presentation emphasizes the importance of protecting the global commons and ensuring that no single nation can claim sovereignty over areas that are meant to be shared by all of humanity.

China’s Nine-Dashed Line Claim:

• Encompasses around three million square kilometers.
• Includes areas that belong to other countries’ exclusive economic zones under international law.

UN Convention on the Law of the Sea (UNCLOS):

• Established maritime zones.
• Declared fishery resources beyond countries’ exclusive economic zones and mineral resources beyond their continental shelves as “the common heritage of mankind.”

Violation of International Law:

• China’s nine-dashed line claim violates UNCLOS.
• Attempts to claim sovereignty over waters beyond its territorial sea that are part of the global commons.

Historical Context:

• The oceans were subject to the freedom of the seas doctrine, limiting national rights and jurisdiction over the oceans to a narrow belt of sea surrounding a nation’s coastline.
• By mid-20th century, there was an impetus to extend national claims over offshore resources due to concerns over coastal fish stocks, pollution, and naval presence.

UNCLOS Negotiations:

• The conference was convened in New York in 1973 and ended in 1982 with the adoption of a constitution for the seas.
• Representatives of more than 160 sovereign states discussed, bargained, and traded national rights and obligations during the negotiations.

Maritime Zones Defined by UNCLOS:

• Territorial waters: Extending up to 12 nautical miles from a coastal state’s baseline.
• Exclusive Economic Zone (EEZ): Extending up to 200 nautical miles from the baseline, where coastal nations have rights to resources.
• High seas: Areas beyond national jurisdiction, free for all and belonging to none.

Implications for Global Commons:

• The presentation emphasizes the importance of protecting the global commons and ensuring that no single nation can claim sovereignty over areas that are meant to be shared by all of humanity.