South China Sea Case Study

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Why South China Sea is victim of disputes?

The South China Sea is intentionally sited. It is sited in a way that it overlaps the main lanes of the sea between Asia, Middle East and the Europe. It becomes the main international way for sea trade and transportation, where most of the world’s largest traffic passes. As a global concern, the geopolitical and economic importance of the South China Sea lessens the secure navigation of tanks in water. The region plays a strategic maritime and military role in keeping the security worldwide. The South China Sea is a valuable marine resource with its hydrocarbon potential in terms of oil and natural gas. 17 billion tons of oil and 489 trillion cubic feet of natural gas were estimated by Chinese those
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In that year, the disputes in the South China Sea arose to fall within the “shadow of law” and move toward involving globally normative welfares in keeping the rule of law.
(Nankivell, 2016) (Goldenziel, 2015)
China speaks its rights to the South China Sea are unquestionable. Being one of the busiest nautical ways, the South China Sea is rich in Fisheries along with oil and gas reserves. China, the Philippines, Vietnam, Brunei, Taiwan, and Malaysia all have overlapping claims in the sea. To stick its position, China has built seven artificial islands over unoccupied lands.
Philippines went to the law when they unable to challenge China’s military. In 2013, in the Permanent Court of Arbitration in The Hague, Philippines filed a case, declaring that its rights to exploit the 200- nautical mile EEZ that extends from the Archipelago into the South China Sea. Under the United Nations Convention on the Law of the Sea (UNCLOS), Philippines brought their claim. China got angry and claimed that the Tribunal had no authority so boycotted the
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Philippines captain, Captain Thomas Cloma claim sovereignty on Spratly Island was a private claim, who declared that he had explore a group of islands in the South China Sea in 1956, which he gave name Kalayaan Islands means Freedom Islands. As he discovered those lands which were free and no one had any sovereignty on that so he called freedom islands to them. Since 1971, six Islands of Spratly were occupied by Philippines. They laid formal claim to those islands which created Philippines’ EEZ to a distance of 200 miles from the country’s border.
After the passage of 2009 Baseline Law, It strengthened the legal claim of Philippines which defines the region’s baseline according to United Nations Convention on the Law of the Sea (UNCLOS). In January 2013, Philippines signed a statement of claims against China in the Arbitral Tribunal of the UNCLOS because they wanted to control those lands legally. On the basis of UNCLOS, Philippines claims to the Spratly Islands, Scarborough Shoal, Mischief Reef and other lands within 200 mile

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