Dear Colleagues,
Regarding the submissions/preliminary information that has been sent in to the Commission on the Limits of the Continental Shelf (CLCS) by the South China Sea littoral States:
My understanding is that a high seas pocket/'donut hole' underlain by potential outer continental shelf only exists in the South China Sea if the much contested South China Sea islands are in fact "rocks" within the meaning of Article 121, paragraph 3 of UNCLOS and thus not entitled to EEZ of continental shelf rights. Put another way, if these features (or at least some of them) are islands capable of generating EEZs then no pocket/donut hole and no outer or extended continental shelf exists.
Doesn't the fact that several of the South China Sea coastal States have made or will be making submissions indicate quite strongly that these States consider the much contested Spratly islands as no more than mere rocks with limited maritime jurisdictional capacity?
This is perhaps one of the most intriguing aspects of the present submissions with potential to impact the long-standing South China Sea disputes, especially as the CLCS has no mandate to resolve overlapping or conflicting claims?
Best regards all,
Clive
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Dr Clive Schofield
QEII Research Fellow
Australian National Centre for Ocean Resources and Security (ANCORS)
University of Wollongong
Wollongong NSW 2522, AUSTRALIA
ph: +61-2-4221 4446 fax: +61-2-4221 5544
mob: 0425 294996
email: [log in to unmask]
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