http://thediplomat.com/2016/07/taiwan-south-china-sea-ruling-completely-unacceptable/
Itu Aba (Taiping Island)
Image Credit: Google Maps
Taiwan: South China Sea Ruling 'Completely Unacceptable'
Taiwan denounces the tribunal’s decision that Itu Aba is a rock, not an island
On July 12, an arbitral tribunal in The Hague
issued a landmark ruling, overturning many of China’s claims in the South China Sea. The case,
Republic of Philippines v. People’s Republic of China, was initiated in 2013, when Manila filed legal objections to Beijing’s claims and behavior in the disputed area. The case has attracted worldwide attention – particularly in Taiwan.
Taiwan shares many of its South China Sea claims with the PRC – in fact, the claims officially originated not with the PRC but with the Republic of China (ROC) government in the immediate post-war era. When the ROC moved its capital to Taipei at the end of the Chinese Civil War, it brought its territorial claims. Taiwan thus found itself in the uncomfortable position of having its claims challenged – through the Philippines’ case against China –
without having an opportunity to participate in the case. Taiwan, which is not a member of the United Nations, is likewise not a party to the UN Convention on the Law of the Sea (UNCLOS); there was no legal avenue for Taipei to insert itself into the case. Even Taiwan’s request to send an observer delegation to the hearings was denied.
Most importantly for Taiwan, the tribunal took up the question of the status of Itu Aba, known as Taiping Island in Taiwan. The island, the largest naturally occurring feature in the Spratlys group, is occupied by Taiwan and houses a military garrison, a hospital, and a farm. Taipei
strenuously argued its case that Itu Aba is capable of sustaining human habitation, with its freshwater wells and ability to grow produce, and is thus an island under UNCLOS. That, in turn, would give Taipei a claim to a 200 nautical mile EEZ extending from Itu Aba and encompassing a wide swath of the South China Sea.
Because Taipei was not able to officially participate in the case, it made its arguments in the court of public opinion, taking journalists to the island for a tour of its facilities and posting numerous images of Itu Aba online. At the last minute, the tribunal accepted an
amicus curiae briefing from the Chinese (Taiwan) Society of International Law, which made the legal argument that Itu Aba should be considered an island.
The tribunal, however, ultimately disagreed. It found that Itu Aba – along with the rest of the Spratlys – is not an island, as it cannot sustain a human community without external aid. Taiwan’s response was immediate.
“We absolutely will not accept [the tribunal's decision] and we maintain that the ruling is not legally binding on the ROC,” the Presidential Office of Taiwan
said in a statement. The statement pointed out that the tribunal did not consult with Taiwan or invite it to participate in the case, yet the ruling has “seriously undermined” Taiwan’s maritime rights in the South China Sea.
The Ministry of Foreign Affairs issued its own statement, calling the ruling “completely unacceptable to the government of the Republic of China.” The Ministry also explained Taiwan’s reasons for concluding that the decision has “no legally binding force on the ROC.” First, the statement said, “In the text of the award, the ROC is referred to as ‘Taiwan Authority of China.’ This inappropriate designation is demeaning to the status of the ROC as a sovereign state.”
