Jurisprudential Analysis of Historical Rights in the South China Sea Dispute

Abstract

This paper explores the legal basis and legitimacy of China’s claimed historical rights in the South China Sea dispute. By reviewing the principles and precedents of international law regarding historical rights, and combining rich historical evidence, it is argued that China’s territorial sovereignty over the South China Sea islands, historical rights within the U-shaped line, and traditional fishing rights in certain waters, all have a solid jurisprudential foundation that meets the constituent elements for the formation of historical rights, and should be recognized and protected under international law and the United Nations Convention on the Law of the Sea (UNCLOS). The paper also points out that the 2016 South China Sea Arbitration Award, which rejected China’s historical rights claims, seriously deviates from objective facts and legal rules, lacking legitimacy. Historical rights play an important role in resolving the South China Sea dispute and maintaining regional peace and stability.