Why China’s U-shaped claim and argument are wrong?
The U-shaped line
First, let’s consider whether this line can be consistent with the extent of an EEZ and continental shelf belonging to the Paracels and Spratlys.
That line lies beyond the equidistance line between the disputed islands and the territories around the East Sea. Jurisprudence by the International Court of Justice always gives such small islands EEZs or continental shelves that fall far short of the equidistance line, usually not much father than 12 nautical miles from the islands.
Pursuant to these rules, the U-shaped line is too excessive and arbitrary to be justified as the Paracels and Spratlys’ EEZ and continental shelf boundary. Consequently, the maritime zone around Reed Bank rightfully belongs to the Philippines; the area around James Shoal to Malaysia; the Natuna region to Indonesia; the maritime zones around Nam Con Son and the Vanguard Bank to Vietnam. These delimitations are incontestable regardless of the fact that the Paracels and Spratlys and Scarborough Shoals are disputed.
Furthermore, the U-shaped line covers an area in the middle of the East Sea where the international community might well have the right to exploit economically the column of water, for example, to fish.
Thus, that line encircles an excessive area, adversely affecting the rights of the nations entitled to EEZs and continental shelves in the East Sea, as well as those of the international community.
To justify such extensive claim, Beijing would have to adduce the status of historic sovereignty and rights over maritime space.
However, UNCLOS only recognizes historic sovereignty and rights over maritime space within 12 nautical miles of baselines, not over the area enclosed by the U-shaped line. As a signatory to UNCLOS, China must respect this rule and cannot allege historic sovereignty and rights over maritime space in order to justify the U-shaped line. In addition, there is no evidence that China has historical sovereignty over the maritime space enclosed by that line.
Next, let’s consider the U-shaped line in terms of what rights, under international law, China intends to claim for it.
So far, China has been opaque about this claim. This “Middle State” [Editor’s note: Another translation of the ancient name for China are “the Middle Kingdom.”] has never stated exactly what rights it is claiming inside that line, even when it included a map showing the U-shaped line with its note verbale to the United Nations in 2009 to protest against continental shelf submissions by Vietnam and Malaysia.
Whether China claims the maritime space within the U-shaped line as EEZ and continental shelf, or as a maritime zone similar to “historic waters,” such claim is a threat to the Philippines, Malaysia, Brunei, Indonesia and Vietnam. In addition, it affects considerably the rights of the international community, because UNCLOS grants rights within this body of water to all nations in the world.
The U-shaped line is like a dagger pointing at the heart of the East Sea without the holder giving any explanation or saying how he intends to use it. Supported by an increasingly powerful navy, it constitutes a threat to all nations in the world.
While the international community can be neutral on the disputes over the islands, it cannot afford to be neutral on China’s U-shaped line.
Both maritime history and UNCLOS show that the East Sea is an international sea, like the Mediterranean. The international community has an interest and the right to have a say in the maritime claims there. China’s opposition to the “internationalization” of the East Sea issue is tantamount to an attempt to de-internationalize an international sea. Once the East Sea has been de-internationalized, Beijing will be able to bring its strength to bear on the East Sea nations and impose its own rules on this body of water.
To understand China's vague U-shaped line and its plot in the East Sea, please read the following articles on VietNamNet Bridge:
Overview of the East Sea Dispute - News VietNamNet