Have Great Britain and other nations previously taken a stance concerning the islands in the South China Sea?. Issue 2 (3rd April 2019)

• Record Type: Journal Article
• Authors: Hoskin, Mark
• Is Part Of: Australian journal of maritime and ocean affairs. Volume 11:Issue 2(2019)
• Page Start: 132
• Page End: 145
• Publication Date: 2019-04-03
• Subjects: Maritime law -- Australia -- Periodicals; Maritime law -- Indo-Pacific Region -- Periodicals; Law of the sea -- Australasia -- Periodicals; Law of the sea -- Indo-Pacific Region -- Periodicals; Shipping -- Australia -- Periodicals; Shipping -- Indo-Pacific Region -- Periodicals; Maritime law -- Periodicals; Shipping -- Periodicals; Periodicals; 341.45
• DOI: 10.1080/18366503.2019.1611173
• Languages: English
• ISSNs: 1836-6503

Abstract

ABSTRACT: There have been recent claims in the media that Great Britain and other nations who operate Freedom of Navigations Operations 'FONOPS' in the South China Sea have taken no stance concerning the sovereignty of the three island groups that are the subject of dispute among the PRC, Philippines, and Vietnam. This paper investigates those claims through examination of the historical record from 1930 to 1941, during the Sino-Japanese conflict that was the East Asian precursor to World War Two. It utilises publications and statements made by a variety of government officials for findings of fact and continuity among nations, which can be seen by the International Court of Justice 'ICJ' and other judicial bodies as recognition by a reasonable person in being. Through an application of applicable laws and court findings, it utilises the results of the examination to arrive at an equitable viewpoint, in line with the statements made by British, Chinese, French, and Japanese officials in the course of their duties. The article finds that there was an overwhelming burden of evidence to support a finding that these nations have historically taken a stance concerning the sovereignty of now disputed island groups in the South China Sea.