What Does the Nine-Dash Line Actually Mean?

Introduction

The nine-dash line is a demarcation line used by China for its claims of territory in the South China Sea.
The ambiguity surrounding the line has led to various interpretations and tensions in the region.

Maximalist Claim: Some interpret the line as China claiming sovereignty over all land, water, and seabed within the boundary.
- This perspective is contentious under international law, particularly UNCLOS.
- Sovereignty vs. jurisdiction: Sovereignty akin to ownership, jurisdiction relates to economic rights (e.g., EEZ).
- China's actions suggest this interpretation, especially in response to U.S. freedom of navigation operations.
- Strategic ambiguity allows China flexibility but increases regional instability.
Historical Rights Argument: China claims historical rights, a notion largely unsupported by maritime law, except for traditional fishing rights.
- China argues for a different legal interpretation in the South China Sea, complicating international legal assessments.
Box Interpretation: The line as a boundary for sovereignty over high-tide elevations and their maritime zones.
- Aligns with China’s UNCLOS ratification in 1996 and subsequent diplomatic notes.
- Would still entail territorial disputes with other claimants (Vietnam, Malaysia, Philippines).
- This interpretation allows recognition of international navigation rights.

UNCLOS Compliance: China asserts compliance but suggests alternative legal principles apply in the South China Sea.
- This stance is seen as a legal strategy to support its claims.
Taiwan's Stance: Originally aligned with China's claim, Taiwan has narrowed its focus to islands and their maritime zones since 2005.

Opportunity for Clarity: China's clarification could reduce regional tensions without losing its territorial claims.
- Would offer more certainty for both claimant and non-claimant states.

Clarification of the nine-dash line is essential for regional stability and legal certainty.
Marina Tsirbas suggests that explicit clarification could maintain China's territorial claims while supporting international norms.

Note: Marina Tsirbas is a Senior Executive Adviser at the National Security College, Australian National University.