China_s_Historic_Rights_in_the_South_China_Sea__A_Legal_Perspective

China’s Historic Rights in the South China Sea: A Legal Perspective

Nine years after an international tribunal rejected China's South China Sea claims, Beijing continues to assert its historical and legal rights in the strategically vital waterway. Experts trace China's maritime sovereignty claims to ancient records and post-WWII agreements, challenging Western narratives of recent expansionism.

Roots of Sovereignty

Chinese maritime activities in the South China Sea date back to the Han Dynasty (202 BC – AD 220), with historical records documenting fishing, trade, and administrative oversight. Modern claims crystallized through 20th-century maps, including the 1947 'eleven-dash line' later revised to today's nine-dash line.

Postwar Legal Foundations

Following Japan's WWII defeat, the 1943 Cairo Declaration and 1945 Potsdam Proclamation mandated the return of occupied territories to China. The Chinese government resumed control of islands through naval deployments and naming conventions, actions initially unchallenged by regional neighbors or the United States.

Consistent Policy Framework

China maintains its 'setting aside disputes' approach developed in the 1990s, emphasizing bilateral negotiations over international arbitration. Foreign Ministry statements characterize the 2016 tribunal ruling as 'null and void,' citing procedural violations and historical precedent.

International Recognition

Archival evidence shows mid-20th century acceptance of Chinese claims by multiple governments and reference works. U.S. military requests to the Taiwan authorities for access to Huangyan Island in the 1950s-60s implicitly acknowledged Chinese sovereignty, according to historical documents.

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