Reflections on Historic Rights in the South China Sea Arbitration (Merits)

摘要

The Annex VII Arbitral Tribunal, in its arbitral award of 12 July 2016, ruled that China's claims to historic rights with respect to the maritime areas of the South China Sea encompassed by the "nine-dash line" are contrary to the UN Convention on the Law of the Sea. To support this conclusion, the Tribunal undertook detailed review with regard to the concept of historic rights and the relationship between China's claimed historic rights and the Convention. The temporal or historical element can be regarded as a key element to establish historic rights. However, the Tribunal took an approach that minimises the role of the temporary element when examining the legality of China's claimed historic rights. The Tribunal's view provides an important insight into the concept of historic rights in the international law of the sea.