I had said this myself many times in my previous posts. China had demarcated its sea boundaries long before the existence of UNCLOS. Therefore, UNCLOS cannot bind China with any ex post facto laws. Therefore, wherever China had not demarcated any sea boundaries before UNCLOS it will follow the UNCLOS laws. But wherever China had demarcated any sea boundaries then it will maintain its historical sea boundaries.
Furthermore, I had also explained there is nothing in UNCLOS that deny China's sovereignty over the S. China Sea archipelagos. UNCLOS does not determine sovereignty. Determining sovereignty is not in the purview of UNCLOS. It has no authority to adjudicate issues of sovereignty. It only provides for the EEZ, continental shelf, and other rights after sovereignty had been determined by international common laws based on historical evidence. I had explained this in many of my posts.
Chinese people have been out-bluffed by Filipinos who keep referring to UNCLOS as if though UNCLOS actually did give these islands to the Philippines. I keep telling the Chinese people this is NOT TRUE!!!!!
"S. China Sea - possession is nine-tenth of the law." [url]viewtopic.php?f=3&t=3538[/url]
"UN cannot decide S. China Sea dispute." [url]viewtopic.php?f=3&t=3507[/url]
"Vietnam and Philippines have no credible claim for sovereignty in Nansha Islands" [url]viewtopic.php?f=3&t=3482[/url]
I've been trying to tell the Chinese people that the most important element in this dispute is sovereignty. Once China has established its sovereignty over Nansha Archipelago through historical evidence then it automatically has the right to claim 200 nm of EEZ even if the 9-dotted line map were ultimately rejected. The Philippines is making a serious mistake by claiming Nansha A. based on the 200 nm of EEZ. The laws of UNCLOS simply does not permit this. It frustrates me greatly that the Chinese government has not easily refuted the Philippines' claim based on UNCLOS-EEZ. Unfortunately, the Chinese government is foolishly making unnecessary treaties for joint development which undermines China's claim of sovereignty. If China lost its sovereignty claim then it has no hope of ever establishing territorial claim on Nansha A. The longer China waits the more it will lose its claim. In any case, after 30 years all the oil will be gone. Or maybe the Chinese government is waiting for this thinking that once the Philippines has taken all the oil it will leave peacefully. I really don't know what to say to that line of cowardly thinking.