By Bhaswati Mukherjee
JULY 20, 2016
JULY 20, 2016
The Tribunal’s ruling that there was no historical or legal basis for almost 90% China’s claims, demarcated by the “nine-dash line” (NDL) on Chinese maps, came as a surprise to the Chinese who had confidently expected a nuanced verdict. Chinese arrogance with regard to the case brought by the Philippines along with no compelling evidence, either historical or legal or based on the parameters laid down in United Nations Convention on the Law of the Sea (UNCLOS) to which it is a ‘State Party’, made for a very weak case. The Tribunal noted that the Chinese construction of artificial islands has caused “irreparable harm” to the marine environment, and has also threatened shipping, tourism as well as fishing and oil exploration there. With regard to the construction by China of a military airstrip and naval berths on an atoll named “Mischief Reef,” the Tribunal noted that this was within Philippines territorial waters in accordance with UNCLOS.
