Introduction:
The so-called nine-dash line(“九段線” ) drawn by China in the South China Sea has been named, cited, and referred to in many ways in both Chinese and English. The form and geographical position of the line is variously shown on maps and atlases disseminated throughout the world. Today, the legal connotation of the line, and particularly the manner of interpreting it, is a hot debate in and around China. One of the reasons why there is no fixed name or meaning for the line may be that China itself has not so far made any official
account on this issue. Therefore, despite the fact that there have been various analyses and arguments made with respect to the dashed line, an enigmatic situation has emerged in which numerous speculations and secondary debates have proliferated, puzzling the practitioners in the diplomatic realm engaged in actual consultations and negotiations. This has not been helped by the unclear and vague contributions of the debates and analyses mentioned above.
At the beginning of 2013, the Philippines unilaterally submitted a dispute with China concerning the dashed line to an arbitral tribunal under the procedure prescribed by the United Nations Convention on the Law of the Sea (UNCLOS). The arbitral tribunal addressing this dispute was formed without China’s participation in the procedure, and has recently begun its work. Since the issues around the formation of this arbitral tribunal and other related procedural aspects are beyond the scope of this paper, the author will
not focus on this case more than necessary.
In this paper, the author discusses the significance of and particular perspective on the‘dashed line’(a term that will be used to describe to the line discussed above, unless otherwise indicated) with special reference to the arguments and opinions of Chinese scholars and writers. This aspect has not been fully paid attention to in the study of the South China Sea dispute, partly due to the Eurocentric viewpoints of international law and international relations. Thus, this article also sheds light on some often neglected issues such as Chinese approaches to this dispute as a whole. Although one focus of the present study is the meaning of the dashed line in light of international law and the law of the sea, an understanding of the traditional ideas and historical background of China, would certainly enable a better understanding of China’s standpoint with respect to international law and territorial disputes as a whole. This paper is limited in its scope: it examines the significance of and perspective on the dashed line in the realm of the South China Sea dispute, leaving a more detailed analysis of this issue for another occasion.
More information: Taisaku IKESHIMA (2013), “China’s Dashed Line in the South China Sea: Legal Limits and Future Prospects”, Waseda Global Forum No. 10, 2013, 17- 50.
China’s Dashed Line in the South China Sea