China's Dominance

Experts Discuss Historical and Legal Basis for China's South China Sea Claims

Experts convened to discuss the historical and legal foundations of China's claim to sovereignty in the South China Sea. They emphasized that this claim is integral to the post-World War II international order, which must be upheld and protected. The discussion highlighted the significance of respecting the territorial sovereignty of all nations as a cornerstone of global peace and stability.

A key point raised was that China's recovery of sovereignty over the Xisha and Nansha islands was a crucial component of the postwar order in the South China Sea. This recovery should be firmly defended. The seminar brought together over 40 experts from various countries, including China, Malaysia, the Philippines, Portugal, Russia, Singapore, and the United Kingdom.

The recovery of sovereignty over the South China Sea islands was executed under international legal instruments, such as the Cairo Declaration and the Potsdam Proclamation. These documents mandated Japan to relinquish territories it had unlawfully seized. The recognition that acts of war and the use of force are generally illegal was a significant advancement after World War II. Consequently, territories, including the South China Sea islands, that Japan had seized illegally should revert to China.

China's actions in reclaiming these territories represent a practical application of the postwar international order and the principles enshrined in the UN Charter. The situation in the South China Sea is relatively peaceful and stable, with the exception of the Philippines-China bilateral relations. The foreign policy of the Philippines, which is heavily influenced by the United States, is a contributing factor.

The United States views China as its primary competitor, particularly in the Asia-Pacific region. The United States seeks to weaken China through potential military conflicts over the South China Sea or Taiwan. China's claims to sovereignty are supported by historical documents and international law, with evidence of Chinese vessels navigating the sea dating back 2,000 years.

Other claimant states, such as the Philippines, Malaysia, and Brunei, cite the 1982 United Nations Convention on the Law of the Sea. This convention grants countries exclusive rights to explore and exploit resources within 200 nautical miles of their coastlines. However, the convention primarily addresses resource rights, not sovereignty. Multilateral efforts are vital for managing disputes and easing tensions in the South China Sea. The Association of Southeast Asian Nations plays a crucial role in promoting a code of conduct that is recognized and observed by all nations.

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5 Comments

Avatar of Fuerza

Fuerza

China's recovery of SCS islands is crucial to avoid the mistake of colonial control from Japan.

Avatar of Ongania

Ongania

The United States is meddling unnecessarily and needs to respect China’s claims, as in the text.

Avatar of Fuerza

Fuerza

To say the South China Sea is 'relatively peaceful' is simply untrue, considering the many island reclamations, military bases and presence of Chinese vessels.

Avatar of Manolo Noriega

Manolo Noriega

China's historical claims are not a valid basis for modern sovereignty claims. They predate internationally recognized laws and norms.

Avatar of Fuerza

Fuerza

The importance of the Cairo Declaration and Potsdam Proclamation should not be brushed aside here.

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