ABSTRACT

Partly due to the geography of South East Asia where, excepting India and Timor-Leste, all States share both land and maritime boundaries with the South China Sea at its centre, the region has a very strong maritime focus. In some instances, claims to a continental shelf beyond 200 nm remain subject to final recommendation by the Commission on the Limits of the Continental Shelf (CLCS). Claims have also been made that sit outside of the LOSC, such as China’s ‘Nine-Dash Line’ claim in the South China Sea that was the subject of consideration in the South China Sea arbitration. This chapter considers these issues by commencing with an assessment of one of the most significant aspects of the maritime claims of the region; the claims to archipelagic State status by Indonesia and the Philippines. State practice with respect to historic claims and baselines are assessed, before moving to a consideration of maritime claims.