joshuatree
Captain
Instead of taking a hard line, can China make lemonade out of the PCA lemon? What if it set aside the PCA's legitimacy question, and deals only with the four main points in the Tribunal's rendering? They are:
- China's 9-dash line is invalid
- All of the land features in the SCS are "rocks" and none are entitled to 200 mi EEZ; 500m/3mi/12mi are all the water they're entitled
- China infringed on Filipino fishing and other resource rights in contested area
- China didn't live up to environmental pledges while creating artificial islands
1. China never clarified what the 9-dash line meant. So it doesn't have to give it up in any sense. Claiming it as an identifier of the features along with accorded waters that China considers theirs is a valid line. No different that the many lines other claimants have drawn, albeit with much less visibility.
2. This one is completely worth fighting against, especially the ridiculous "let's create a quantifier as we go even though we are not experts" ruling the PCA used to "disqualify" Taiping from an EEZ.
3. The truth is, those waters have been used by fishermen from many states over the millennia. The Filipinos infringed on Chinese fishing as well and it was their decision to send in a naval flagship to ante up that initiated the chain of events leading to what it is today. Start mixing grey boats with white and things will escalate quickly. So both sides need to be able to acknowledge the other's right to fish there and perhaps come to an agreement on shared fishing resource harvesting and management.
4.Yes and this is where the same conviction, resource, and speed needs to be implemented now to fix as much as possible the damage done and to promote/foster environmentally good projects such as reef building, fishing stock cultivation, eco-awareness, etc etc. Instead of encouraging Tanmen fishermen to go harvest clams, maybe seeing an armada of their boats go out and getting paid to clean up the waters instead (drift nets, trash, etc etc).
I don't think China should touch the PCA at all. You can't cherry pick only the parts that you like and deny other parts and still justify it all.
You've answered this in your latter post but you can cherry pick parts of the PCA to blunt and mute it as tool for the opposition without having to acknowledge it.