Mô tả
Dr. Nong Hong, Director, Research Center for Oceans Law & Policy, National Institute for South China Sea Studies;Executive Director, Institute for China-America Studies, China
China’shistorical claim in the South China Sea based on the ‘U-shaped line’ overlaps with the claims to EEZ and continental shelf areas of other clamant states. In China’s view, a claim derived from historic rights may seem more forceful and valid in law than claims simply based upon the EEZ concept. While Chinese scholars tend to believe that the historic concept is still relevant in international law and lots of researches have been conducted on ‘historic rights’, western scholars do not seem to be on the same page. Since there are no definitive rules in international law, which govern the status of maritime historic rights, China’s claim is not a violation of international law. Similarly, since there are no such rules, it is doubtful whether China’s claim could be established in international law. This remains a critical research question for scholars.
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