ABSTRACT
This chapter discusses relevant Chinese state practice and authoritative scholarly writings to better understand the nature of China's claim to historic rights within the U-shaped line. It will then survey the relevant international law regarding historic rights to islands and historic rights to water space and draw some conclusions and present key questions for further analysis. The chapter makes no observations as to which, if any, of the South China Sea islands would be entitled to an exclusive economic zone and extended continental shelf based on the provisions of UNCLOS. The strength of Chinese historic claims to sovereignty or jurisdiction over waters within the U-shaped line is on much weaker footing. That China has not in any sense dominated these waters since at least the early 16th century, if it ever did, is manifest from the many European, American and Japanese acts of regional conquest and colonization from the early 1500s until the mid-twentieth century.
