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South China Sea dispute -- Explainer

Speed News Desk | Updated on: 10 February 2017, 1:49 IST

In a major blow to China, an international tribunal ruled on 12 July that Beijing did not have territorial claims to the waters of the South China Sea. The Hague Tribunal also declared that China does not have any legal basis to claim historic rights over certain portions of the South China Sea and that it has breached the sovereign rights of the Philippines.

The decision came as a response to an arbitration case that was brought forth by the Philippines in a tribunal in the Hague, seeking to strike down China's expansive territorial claims in the South China Sea.

"There was no legal basis for China to claim historic rights to resources within the sea areas falling within the 'nine-dash line'," the court ruled in a 497-page judgement.

The tussle surrounding the claims over the waters of the South China Sea and its resources have been raging for centuries. Neighbours China, Vietnam, the Philippines, Taiwan, Malaysia and Brunei all lay claim over its waters. China has been asserting its sovereignty over the maritime areas that span 3.5 square kilometres, covering nearly 85% of the concerned area.

What is the dispute all about?

The central contention put forth by Philippines in the arbitration case in January 2013 was that China's "nine-dash-line" - a boundary that forms the basis of its claims of 85% of the South China Sea is not a valid means for demarcation.

The Paracels and the Spratlys - two island chains claimed in whole or in part by a number of countries, along with the Scarborough Shoal, are at the centre of the dispute. China asserts that their claims are backed by historical evidence. Beijing says that the Paracel and Spratly island chains have historically been within Chinese territories, as has been depicted in Chinese maps dated back to 1947.

It has however been pointed out that claims based on the nine-dash-line are not conclusive enough, considering the fact that the dotted line that appears on these dated maps do not include any coordinates.

It is also not clear whether China claims only land territory within the nine-dash line, or all the territorial waters within the line as well.

What is China's stance on the debate?

China, owing to its sheer size - and backed by its claims of the nine-dash line that gives them sovereignty over 85% of the area - has built artificial islands along those areas, and has increased military presence, asserting their claims over the area.

The United States has, however, backed those who have contended China's claims, and have also built up military presence in response to the situation. Both sides have accused each other of "militarising" the South China Sea.

China has also refused to accept the intervention of the international tribunal in the matter, over grounds that it is not within its jurisdiction to decide on the matter.

The route China would have preferred to take was to enter into bilateral negotiations with the parties involved. This move, however, was not accepted by the smaller nations in view of the fact that China's sheer size and influence puts it at an advantageous position.

China has also staunchly opposed the bringing the disputes before an international arena, which would imply considerable involvement from the United States.

What are the implications of the judgement?

The ruling by the Hague Tribunal on the issue is going to be deemed final and legally binding on the parties involved. The fact that China has refused to heed the tribunal's decision does not negate the fact that it is nevertheless a huge blow to the nation.

The Philippines, in cooperation with the United States and other nations, could demand that China complies with the decision put forth before diplomatic forums like the United Nations. Non-compliance would relegate it to the position of that of a rogue nation.

First published: 12 July 2016, 9:06 IST