I would suggest everyone go and read the UNCLOS itself. Read the history of UNCLOS I, II, and III.
Here is an excellent article explaining it in detail:
Here's another summary from UNLAWOFTHESEA.ORG
Here is the direct link to the UNCLOS on the UN Site:
I have red these now and I believe both Brumby and SamuraiBlue (who have been posting about it on the South China Sea Strategy-Non-Chinese Nations Thread) are correct.
UNCLOS, to which China is a signatory, outlines a very detailed framework of dealing with these very issues to which all signatories have agreed.
It is very specific about historical context, and in the vast majority of cases, sets it aside in favor of this framework. In the very specific and narrow cases it is not set aside, I can not see that these SCS claims would qualify.
So, the nations signing UNCLOS have agreed, by treaty, to a very specific framework of considerations regarding what constitutes, among other things, islands that can claim a territorial surrounding ocean limit. They agree that these definitions will be what is used legally to determine what does and what does not apply.
...and guess what?
Artificial, unnatural constructs on top of reefs and shoals do not warrant a 12-mile territorial limit unless those reefs and shoals naturally stayed above the water line at high tide as Brumby and SamuraiBlue have been explaining.
So, based on what I have read, and also based on the PRC being a signatory, I do not believe they will be able to win a court case claiming a 12-mile territorial limit for any of the reclamation they are doing on reefs and shoals that did not naturally stay above the water line. It does appear that they can get a 500 meter zone for those reclaimed areas according to UNCLOS.
I believe this explains a lot of the reactions we are seeing regarding China's reclamation efforts.
Now, is China going to stop? No way!
Heck, they knew all of this before they started these recent reclamation efforts.
They are betting on the fact, that even with the 500m zone, that as they expand their holdings that no one is going to try and "force" them to stop.
From their perspective, the 12 miles is clearly not the issue. Having those facilities and capabilities in place in those areas of the SCS is the issue...and, as I said earlier, it is fast becoming a fait accompli.