China's Shifting Sands in the Spratlys
Publisher: American Society of International Law
Author(s): J. Ashley Roach
Date: 2015
Topics: Conflict Causes, Land
Countries: China, Philippines
Since 2014 China has been constructing features atop seven coral reefs in the disputed Spratly/Nansha Islands of the South China Sea by dredging sand and coral from existing coral reefs. At last count China's new features total more than 2,000 acres. This activity has produced much commentary. However, none of the commentary addresses all of the issues arising under international law from this activity.
This Insight discusses all of those legal issues: (1) the zonal entitlements of each feature; (2) the zonal entitlements of each of the constructed features (artificial islands); (3) Chinese and U.S. claims as to use of the airspace and water within 12 nautical miles (nm) of the features; (4) the effect of China's construction on the Philippine arbitration with China, including the construction of lighthouses on some of them; (5) China's tu quoque defense that other claimants have done the same thing; (6) whether China's reclamation and construction is consistent with the Declaration on the Conduct of Parties in the South China Sea (DOC) and the consistency of China's position on DOC vis-à-vis the Philippines; (7) the parties' obligation not to tamper with the evidence; and (8) the reclamations' compliance with international environmental law. This Insight examines each of these issues in turn.