China is continuing with its plan announced earlier this year to create two Chinese-controlled international maritime courts that would be used to provide China’s interpretation of maritime law. The continuation of the plan is the latest signal that China has not given up on pushing forward its maritime claims in the South China Sea, which have been decisively ruled as unlawful by the Permanent Court of Arbitration at The Hague in a high profile case last year.
On Oct. 25, 2017 during the “2017 Shanghai International Shipping Law Forum” held in Shanghai, Chinese legal scholars and officials affirmed prominently a previously reported plan of creating two international maritime arbitration courts to help project China’s own vision and views on international maritime law.
China’s maritime claims in the South China Sea, based on the “Nine-Dash Line” that was drawn to reflect China’s interpretation of historical rights, have long been disputed by most of the neighboring countries in the region.
As over the last decade China intensified building artificial islands and putting military bases on them around Scarborough Shoal and other key features in the South China Sea, the Philippines brought the case to the Permanent Court of Arbitration in the Hague in 2013 to challenge the Chinese behaviors and claims. China chose not to appear before the court and issued a white paper stating its position in December 2014.
Possibly as a response to the Court of Arbitration’s ruling, China began planning the creation of alternative international courts that would be controlled by China. and also to attack the legitimacy of the established international legal bodies such as the Permanent Court of Arbitration.
During the Oct. 25 forum, Gu Chao, the secretary general of the China Maritime Arbitration Commission, was quoted as saying that “[China’s] International Maritime Judicial Center and International Maritime Arbitration Center can complement each other in their roles. They will help strengthen China’s voice in the international arena.”
China’s attempt to reshape international maritime law based on its own interpretation, however, would likely be met with stiff resistance, particularly from those countries most harmed by its maritime expansion, such as the Philippines. The Nine-Dash Line, the essence of China’s claims in the South China Sea, has been thoroughly rejected by Philippines and most other countries in the region, and also by the 2016 court ruling.
According to John Burgess, Executive Director of the international law program at the Fletcher School of Law and Diplomacy at Tufts Unviersity, China’s move to create its own international maritime arbitration center “seems at best entirely redundant and unnecessary.”
“At worst, and without knowing the details, it suggests an effort to create a captive system of arbitration that might divert cases from the procedures created by the United Nations Convention on the Law of the Sea (UNCLOS),” said John Burgess. “[It will] generate a set of precedents faithful to the Chinese view of how the law of the sea ’should’ be interpreted, and thereby undermine the comprehensive, neutral and truly international system contemplated by UNCLOS.”