For hundreds of years, commerce was dominated by sea based trade routes. Fishing, whaling, trade has relied on free travel and use of the oceans by multiple nations across the world. International law has recognized the right of free travel of the seas and has recognized the limits placed on each nation in claiming sovereignty over the seas of the world. International coordination to fight piracy on the seas continues to be an issue of international importance Issues of overfishing and whaling have required international action to preserve worldwide stock of fish and to ensure that multiple species do not go extinct. The United Nations has made several attempts to regulate and limit the disputes between nations over the resources and claims by sovereign nations over the world’s waters.
Since the early 17th century, many nations have recognized the doctrine of freedom of the seas. Generally, this required all nations’ rights to end 3 miles from their respective coast. This was often called the “cannon shot rule” that was first developed by Dutch jurist Cornelius van Bynkershoek[1]. Accordingly, any waters outside of the three mile boundary are international waters and belong to no nation. During the early 20th century, many nations sought to increase their territorial claim outside the three mile rule. Many nations wanted exclusive access to mineral resources, address pollution issues, and/or protect their fishing stocks. In 1945, President Truman extended the United States territorial claim to all waters on its continental shelf[2]. Many other nations followed suit. Eventually, the United Nations conducted three conventions on the Law of the Sea. The Third Convention on the Law of the Sea, established the current rules in regards to the territorial claims over the waters of the world[3].
The UN Third Convention on the Law of the Sea established multiple levels of sovereign control over the seas within range of each nation. The Convention recognizes that all nations have full and independent control over the internal waterways on the landward side of the coast. All nations have full sovereign authority over all waterways from the shore to twelve miles from the coast[4]. Within these waterways, the sovereign entity is free to establish any laws, regulate use of, and exploit any resource within this area. Any vessel of a foreign state may not enter these waters without the permission of the sovereign authority, and any who do so with permission must obey all laws. From the end of the territorial waters to another 12 miles seaward, the sovereign entity may excerpt control over all ships traveling this waterway, but only in regards to customs, taxation, immigration, and pollution[5]. Finally, it established the Exclusive Economic Zone. This zone extends from the coast to two hundred nautical miles out. Within this zone the coastal nation has full exclusive economic use of any resource within this zone, however other nations a full rights to transverse this area[6]. Outside the Exclusive Economic Zone, the UN has established the International Seabed Authority to oversee the any seabed exploitation[7]. Currently there are 164 signatories to Part IX and the International Seabed Authority. While the Third Convention has reduced the number of international disputes over sovereignty and mineral claims, it has not eliminated them. Currently, there is a multination dispute in the South China Sea over territory and mineral rights.
The South China Sea dispute is a disputed over minerals, sovereignty, and travel between several nations within the region. Brunei, the Peoples Republic of China, Philippines, and several other nations has put forth claims on several islands, boundaries, fishing rights, and resource exploitation. Other nations have pushed to keep the area international waters and have conducted what is called Freedom of Navigation operations[8].
The South China Sea dispute started as early as 1947, when the Kuomintang government of China claimed sovereignty to the “Eleven-dash-line[9].” The Eleven dash line is an ill defined line that encloses the entirety of the South China Sea. As the government of China has changed, they have kept to this claim. The governments of Philippines, Malaysia, and other countries have claimed the Spratly Islands as their own territory[10]. These islands are included within China’s dash line claim. The Philippines and China both being signatories to the United Nations Third Convention of the Law of the Seas, led to the Philippines bringing China before an arbitration board under Annex VII of the convention[11]. China refused to participate in the arbitration. The arbitration panel determined that China’s Nine Dash line had no historical backing and was invalid under international law. The panel also determined that China had violated Philippines sovereign rights[12]. China refused the arbitration panels ruling and the dispute is ongoing. In 2011, China, Brunei, Malaysia, Philippines, and Vietnam agreed to a set of guidelines to resolve the dispute over the South China Sea, however there has not been a final resolution[13].
Navigation of the seas, sovereignty over the waters, and access to resources are constant concerns for many nations. Since the 17th century, the extent of a nations control over the water has been an international concern. With the advent of new technologies that permit access to resources previously considered inaccessible, many nations want to extend their control over the water. The United Nations have continuous revised and adapted international law to meet the new reality. The dispute in the South China Sea highlights how there are still disputes over the control of waters that were considered international in the past. Even with member states signing on to the United Nations Third Convention of the Law of the Seas, disputes are still not easily managed when there are competing national interests at stake. With long standing disputes over access to international waters, these disputes are not likely to be resolved any time soon.
[1] Kinji Akashi, Cornelius Van Bynkershoek: His Role in the History of International Law. Martinus Nijhoff Publishers. p. 150.
[2] Truman Proclamation On The Continental Shelf | International Environmental Agreements (IEA) Database Project, , https://iea.uoregon.edu/treaty-text...lamationnaturalresourcescontinentalshelfentxt (last visited Apr 28, 2019).
[3] United Nation, United Nations Convention on the Law of the Sea, https://www.un.org/Depts/los/convention_agreements/convention_historical_perspective.htm (last visited Apr 28, 2019).
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Jamie Crawforf "U.S. protests Chinese action in South China Sea".April 26, 2016 CNN - CNNPolitics.com.
[9] Kathrin Hille "Chinese boats fish in dangerous waters", Financial Times, 24 April 2012.
[10] "Presidential Decree no. 1596 – Declaring Certain Area Part of the Philippine Territory and Providing for their Government and Administration". Chan Robles Law Library. 11 June 1978. Retrieved 5 February 2014.
[11] The South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China), PCA Press Release, 12 July 2016
[12] Id.
[13] Michael Martina "RPT-China, ASEAN set 'guidelines' on sea row, but no deal expected". Reuters.
Since the early 17th century, many nations have recognized the doctrine of freedom of the seas. Generally, this required all nations’ rights to end 3 miles from their respective coast. This was often called the “cannon shot rule” that was first developed by Dutch jurist Cornelius van Bynkershoek[1]. Accordingly, any waters outside of the three mile boundary are international waters and belong to no nation. During the early 20th century, many nations sought to increase their territorial claim outside the three mile rule. Many nations wanted exclusive access to mineral resources, address pollution issues, and/or protect their fishing stocks. In 1945, President Truman extended the United States territorial claim to all waters on its continental shelf[2]. Many other nations followed suit. Eventually, the United Nations conducted three conventions on the Law of the Sea. The Third Convention on the Law of the Sea, established the current rules in regards to the territorial claims over the waters of the world[3].
The UN Third Convention on the Law of the Sea established multiple levels of sovereign control over the seas within range of each nation. The Convention recognizes that all nations have full and independent control over the internal waterways on the landward side of the coast. All nations have full sovereign authority over all waterways from the shore to twelve miles from the coast[4]. Within these waterways, the sovereign entity is free to establish any laws, regulate use of, and exploit any resource within this area. Any vessel of a foreign state may not enter these waters without the permission of the sovereign authority, and any who do so with permission must obey all laws. From the end of the territorial waters to another 12 miles seaward, the sovereign entity may excerpt control over all ships traveling this waterway, but only in regards to customs, taxation, immigration, and pollution[5]. Finally, it established the Exclusive Economic Zone. This zone extends from the coast to two hundred nautical miles out. Within this zone the coastal nation has full exclusive economic use of any resource within this zone, however other nations a full rights to transverse this area[6]. Outside the Exclusive Economic Zone, the UN has established the International Seabed Authority to oversee the any seabed exploitation[7]. Currently there are 164 signatories to Part IX and the International Seabed Authority. While the Third Convention has reduced the number of international disputes over sovereignty and mineral claims, it has not eliminated them. Currently, there is a multination dispute in the South China Sea over territory and mineral rights.
The South China Sea dispute is a disputed over minerals, sovereignty, and travel between several nations within the region. Brunei, the Peoples Republic of China, Philippines, and several other nations has put forth claims on several islands, boundaries, fishing rights, and resource exploitation. Other nations have pushed to keep the area international waters and have conducted what is called Freedom of Navigation operations[8].
The South China Sea dispute started as early as 1947, when the Kuomintang government of China claimed sovereignty to the “Eleven-dash-line[9].” The Eleven dash line is an ill defined line that encloses the entirety of the South China Sea. As the government of China has changed, they have kept to this claim. The governments of Philippines, Malaysia, and other countries have claimed the Spratly Islands as their own territory[10]. These islands are included within China’s dash line claim. The Philippines and China both being signatories to the United Nations Third Convention of the Law of the Seas, led to the Philippines bringing China before an arbitration board under Annex VII of the convention[11]. China refused to participate in the arbitration. The arbitration panel determined that China’s Nine Dash line had no historical backing and was invalid under international law. The panel also determined that China had violated Philippines sovereign rights[12]. China refused the arbitration panels ruling and the dispute is ongoing. In 2011, China, Brunei, Malaysia, Philippines, and Vietnam agreed to a set of guidelines to resolve the dispute over the South China Sea, however there has not been a final resolution[13].
Navigation of the seas, sovereignty over the waters, and access to resources are constant concerns for many nations. Since the 17th century, the extent of a nations control over the water has been an international concern. With the advent of new technologies that permit access to resources previously considered inaccessible, many nations want to extend their control over the water. The United Nations have continuous revised and adapted international law to meet the new reality. The dispute in the South China Sea highlights how there are still disputes over the control of waters that were considered international in the past. Even with member states signing on to the United Nations Third Convention of the Law of the Seas, disputes are still not easily managed when there are competing national interests at stake. With long standing disputes over access to international waters, these disputes are not likely to be resolved any time soon.
[1] Kinji Akashi, Cornelius Van Bynkershoek: His Role in the History of International Law. Martinus Nijhoff Publishers. p. 150.
[2] Truman Proclamation On The Continental Shelf | International Environmental Agreements (IEA) Database Project, , https://iea.uoregon.edu/treaty-text...lamationnaturalresourcescontinentalshelfentxt (last visited Apr 28, 2019).
[3] United Nation, United Nations Convention on the Law of the Sea, https://www.un.org/Depts/los/convention_agreements/convention_historical_perspective.htm (last visited Apr 28, 2019).
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Jamie Crawforf "U.S. protests Chinese action in South China Sea".April 26, 2016 CNN - CNNPolitics.com.
[9] Kathrin Hille "Chinese boats fish in dangerous waters", Financial Times, 24 April 2012.
[10] "Presidential Decree no. 1596 – Declaring Certain Area Part of the Philippine Territory and Providing for their Government and Administration". Chan Robles Law Library. 11 June 1978. Retrieved 5 February 2014.
[11] The South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China), PCA Press Release, 12 July 2016
[12] Id.
[13] Michael Martina "RPT-China, ASEAN set 'guidelines' on sea row, but no deal expected". Reuters.