China Has No Historic Rights in South China Sea, Rules Hague Tribunal
Comment of the Day

July 12 2016

Commentary by David Fuller

China Has No Historic Rights in South China Sea, Rules Hague Tribunal

An international tribunal on Tuesday ruled against China's territorial claims in the South China Sea, after the Philippines challenged Beijing's right to exploit resources across vast swathes of the strategic waters.

In a 497-page ruling that risks stoking further tensions in South-East Asia, a Hague-based arbitration court said there was no legal basis for China to claim historic rights over the waters of the South China Sea and that it had breached the Philippines' sovereign rights with its actions.

China immediately said it would defy the decision, which it described as “null and void” with “no binding force”.

“China neither accepts nor recognises it,” the foreign ministry said.

Beijing had refused to take part in the tribunal proceedings, with officials saying the tribunal had "no juristiction".

China claims almost all of the energy-rich waters in the South China Sea, through which about $5 trillion (£3.8 trillion) in ship-borne trade passes every year. 

Neighbours Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims.

The panel said there was no legal basis for China to claim historic rights to resources within its so-called nine-dash line, a boundary that is the basis for its claim to roughly 85 per cent of the South China Sea.

It said China had interfered with traditional Philippine fishing rights at Scarborough Shoal, one of the hundreds of reefs and shoals dotting the sea, and had breached the Philippines' sovereign rights by exploring for oil and gas near the Reed Bank, another feature in the region.

None of China's reefs and holdings in the Spratly Islands entitled it to a 200-mile exclusive economic zone, it added.

Beijing responded by saying the Chinese government would not accept “third party dispute settlement” with regards to territorial issues.

“China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards,” the foreign ministry said in a statement.

The ruling also said China had caused permanent harm to the coral reef ecosystem in the Spratlys, charges China has always rejected.

David Fuller's view

Here is a PDF of The Telegraph article.

This situation is now as dangerous as China chooses to make it, and Xi Jinping’s regime may have already gone too far.  Markets are sensibly adjusting to a less alarming Brexit situation, at least so far as Great Britain is concerned, but now face a potentially serious problem in the South China Sea.

Here is the US iShares Dow Jones US Aerospace & Defense Index Fund, which is just reaching a new all-time high, and some of its better performing holdings: Lockheed Martin (est p/e 21.97 & yield 2.59%) – Northrop Grumman (est p/e 20.64 & yield 1.63%)  – Raytheon (est p/e 19.37 & yield 2.12%)  – TransDigm Group (est p/e 24.04 & yield n/a) and L-3 Communications Holdings (est p/e 19.11 & yield 

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