US Ships to Sail By Disputed Chinese Islands

by Kris Osborn

Asking that the U.S. sail ships within 12-miles of artificial islands in the South China Sea claimed as legitimate territory by China.

According to a United Nations Convention on the Law of the Sea, an international treaty supported by but not yet formally joined by the U.S., 12-miles off the coast of a given territory is considered to be sovereign waters owned by the respective country.

The area is question is a group of highly disputed islands south of China in the South China Sea called the Spratly Islands.  The small islands in the area, some of which are claimed by China, Vietnam, the Philippines, Malaysia and Taiwan, are rich in resources and of strategic geographical importance in the Pacific region.

Pentagon officials have widely criticized an ongoing Chinese effort to erect artificial structures nearby or on top of its claimed island territories in the Spratly Islands. Called “land reclamation” by the Pentagon, the activity has added more than 2,000 acres to island territories claimed by China.

The ongoing “land reclamation” by China in the area appears to be a rather transparent attempt by China to reinforce and bolster extended territorial claims in the South China Sea.

However, the Law of the Sea Convention does not recognize artificial or man-made structures and legitimate island territories to be claimed. Therefore, the U.S and its Pacific allies do not support or agree with China’s aggressive territorial claims.  In fact, citing the definition of islands articulated in the Law of the Sea Convention, Pentagon officials do not recognize the artificial structures as islands – but instead refer to the effort as “land reclamation.”

Under the U.N. Law of the Sea convention, negotiated in the 1980s and updated in the 1990s, an island is defined as a “naturally formed area of land above the water at high tide.” Also, article 60 of the U.N. Convention says “artificial islands are not entitled to territorial seas.”