In the case brought by the Philippines against China's aggressive behavior in the South China Sea, including massive land reclamation in disputed territory, the Permanent Court of Arbitration (PCA) in The Hague this week ruled overwhelmingly in favor of Manila. China has reacted strongly against the decision, declaring that it will not accept the ruling. But the ruling based on the U.N. Convention on the Law of the Sea — legally binding though carrying no penalties — is final and cannot be appealed. Beijing should think again about whether its uncompromising attitude is appropriate if it wants to be a respectable member of the international community.
The ruling said "there was no legal basis for China to claim historic rights to resources within the sea areas falling within the 'nine-dash line,' " a U-shaped line China has claimed since the 1950s, encircling a vast area of the South China Sea, including the disputed Spratly Islands. The ruling is reasonable given that the sea areas in question lie far from China's land territory. The court also determined that none of the Spratlys are legally "islands" because they cannot sustain a stable community or independent economic life, ruling that none of them can generate an exclusive economic zone. This means that none of the claimant countries can set an EEZ around these maritime features. The ruling also accused China of environmental destruction for its land reclamation and construction of artificial islands at seven features in the Spratlys.
Having suffered a total defeat in the dispute, China is trying to hit back. Taking advantage of the lack of an enforcing mechanism in the PCA decision, President Xi Jinping rejected the ruling and insisted that Beijing's sovereign rights and maritime rights in the areas in question will not be affected. The official news agency Xinhua termed the ruling "naturally null and void." China also issued its own 50-page white book on the South China Sea, reiterating that its claims are based on history and legitimate. It filed a protest with the Japanese Embassy in Beijing over the statement by Foreign Minister Fumio Kishida, who stressed the importance of settling the disputes in the South China Sea under the rule of law and through peaceful means.
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