Beijing Has Case for Historic Rights at Sea

From time immemorial, traditional Chinese fishermen have continuously, reasonably and with certainty plied their trade in the semi-enclosed waters of the South China Sea. These traditional fishing practices date back a long time, have been invariable and unbroken, and conform to basic principles of justice and utility. In effect, these practices have acquired the force of law, crystallized into a privately-held “historic right” and constitute a local custom.

By way of the crystallization of this right in the possession of its nationals, the Chinese state too has acquired a vested interest in the perpetuation of this “historic right” in the South China Sea. And to the extent that the Nine Dash Line serves as the perimeter of this historically-consolidated right of traditional Chinese fishermen in the South China Sea, the line has a durable basis in international law and is fully deserving of its protections.