ABSTRACT
This chapter discusses the relationship between historic concept and maritime delimitation and historic concepts related dispute settlement under United Nations Convention on the Law of the Sea (UNCLOS). China's historical claim in the South China Sea (SCS) based on the "U-shaped line" overlaps with the claims to Exclusive Economic Zone (EEZ) and continental shelf areas of other clamant states. China has to prove that its historic rights existed prior to the establishment of the customary rules on the continental shelf. Otherwise, China's claim is only relevant to the EEZ non-continental shelf area. Historic title is recognized in various contexts in UNCLOS – in relation to maritime delimitation, the status of bays as well as the rights of States in respect of archipelagic waters and limitations and exceptions in the settlement of disputes. International jurisprudence implies that international courts and tribunals have accepted the preservation of historic rights in parallel to the jurisdictional regime established by the UNCLOS.
