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South China Sea
This Week in AsiaOpinion
Ding Duo

Opinion | Washington’s double standards clear as it wades into South China Sea dispute

  • The US is not a party to territorial disputes in the region, nor has it ratified the 1982 United Nations Convention on the Law of the Sea
  • Instead, by supporting claimant states, US Secretary of State Mike Pompeo is opening up a new battlefront between Washington and Beijing

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A US surveillance plane flies past the USS Ronald Reagan aircraft carrier during a drill in the South China Sea earlier this month. Photo: EPA
Washington’s latest policy shift on the South China Sea is hardly surprising. Where it once used to be a neutral third party, it has in recent months begun taking steps to become an active supporter of several claimants.
It is worthwhile noting that the United States is a non-claimant state and not a party to the territorial and maritime disputes between China and Southeast Asian countries Malaysia, Vietnam, the Philippines and Brunei.

Yet, as “lawfare” – or the practice of using legal systems and principles against an opponent to damage or delegitimise them – intensified around the South China Sea issue in the last few months, Washington decided to participate.
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In December, Malaysia filed a submission to the Commission on the Limits of the Continental Shelf regarding its claim in the disputed waterway. China, Indonesia, the Philippines and Vietnam subsequently submitted note verbales to the secretary general of the United Nations, expressing their respective claims and concerns.
US Secretary of State Mike Pompeo issued a statement calling Beijing’s maritime claims unlawful. Photo: US Department of State/DPA
US Secretary of State Mike Pompeo issued a statement calling Beijing’s maritime claims unlawful. Photo: US Department of State/DPA
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On June 1, the US submitted its own note verbale to the UN secretary general arguing that China’s historical claims based on its “nine-dash line” and maritime claims with regard to the offshore archipelagoes it controls have no legal basis.

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