Cutting Red Tongue

Permanent Court of Arbitration in The Hague ruled on Tuesday that China violated Philippine’s sovereign rights in South China Sea. While China has been claiming its historical interest inside Nine-dash Line, or Chinese Red Tongue, which China unilaterally drew covering mostly whole South China Sea, the court overwhelmingly dismissed Chinese appeal. Fundamentally disappointed, China announced that it would ignore the decision and keep on developing the area as its own territory.

Philippine indicted China in 2013 that China violated United Nations Convention on the Law of the Sea by unilaterally constructing artificial islands around seven rocks in Spratly Islands. While China claimed its historical right inside Nine-dash Line before the Convention had been activated in 1994, the arbitrary court did not find any evidence that China had exclusively been administrating the area. It determined that China’s development in the area would violate the Convention.

The court also denied Chinese argument that the seven rocks in Spratly Islands were “islands” with exclusive economic zone around them. They were recognized as rocks or hills only appearing at low tide. China can no longer claim its right for natural resources in the area. In addition, the court realized that China’s landfill injured the environment for coral shoals, violating obligation for protecting environment required by the Convention.

China immediately and straightforwardly protested against the decision. “The decision of the Arbitrary Court violates legally appropriate right of China as a sovereign state and a member of U.N. Convention on the Law of the Sea,” said statement of Ministry of Foreign Affairs. It still insists on its activities for two thousand years there, which the Court found as same as other neighbor nations. While Chinese government will keep its projects there ongoing, it may start direct negotiation with disputing countries like Philippine or Vietnam to have a deal.

United States welcomed the decision as endorsement for its military activity in South China Sea. U.S. has been ignoring Chinese sovereignty in Spratly Islands by sending U.S. Navy destroyers within territorial sea of the islands. Taking opportunities of international meetings, U.S. will put higher pressure on China with accusation of violating international rule of law.

Japan recognized the decision as appropriate. “The decision is final one and legally binds the parties interested. They needs to abide by it,” told Minister of Foreign Affairs, Fumio Kishida, in his statement. However, the court decision of denying economic rights on rocks may have boomerang effect. Japan claims sovereignty around Okinotorishima Island, which has been reinforced with concrete. It is possible that someone realizes the fact and criticizes illegality of Japanese behavior.