Australia a state party to the united nations convention on the law of the
sea on close has long maintained that it was neutral with respect to
maritime disputes in the south china sea. australia's submission of a note
verbal to the Commission on the Limits of the Continental Shelf (CLSC)
changed previous policy and came in the wake of a major change in u.s policy
made by the u.s secretary of state.
Australia jumped from its perch of neutrality to align itself with the
united states in supporting unclose and the award by the arbitral tribunal
that heard the case brought by the philippines against china.
However Australia went further and was more precise in its rejection of the
legal basis of china's maritime claims in the south china sea.
For example australia rejected china's assertion that its sovereignty claims
over the Paracel and Spratly Islands were widely recognized by the
international community. Australia took note of protests by vietnam and the
philippines to document its case.
This is the first time the paracel islands had been mentioned in a string of
notes verbal submitted to the CLCS since december 2019. It should be noted
however that australia remains neutral on various claims to sovereignty over
the paracel islands.
Australia also expressed its strong concern over assertions by china that it
had continuously and effectively exercised sovereignty over low tide
elevations precisely because low tide elevations do not form part of the
land territory of a state.
In line with the award by the arbitral tribunal, Australia rejected china's
claims to historic rights and went further to reject claims to maritime
rights and interests established by historical practice.
Australia's note verbal commenced with a direct rejection of any claims by
china that are inconsistent with the 1982 united nations convention on the
law of the sea on close particularly with respect to drawing baselines,
delimiting maritime zones and classifying features.
Specifically Australia argued that china had no legal basis to draw straight
baselines connecting the outermost points of maritime features or island
groups in the south china sea with specific reference to what china calls
the four shah, the Prada's islands, Mcclesfield bank, the Paracel Islands
and the Spratly Islands.
Further, following the united states australia also rejected any claims by
china to internal waters, territorial sea, exclusive economic zone and
continental shelf based on such straight baselines.
With respect to maritime zones, australia rejected chinese assertions to
maritime zones generated by submerged features such as low tide elevations.
Australia went further by specifically rejecting claims to maritime zones,
based on the artificial transformation of natural features.
Australia declared it does not accept that artificially transformed features
can ever acquire the status of an island. Australia concluded its note
verbal by calling on all claimants to clarify their maritime claims and
resolve differences peacefully.
Ainally australia reserved the right to take up other aspects of claims made
by china at a future time.
Prime Minister Scott Morrison stated, we back that up, Australia's support
for freedom of navigation with our own actions and our own initiatives and
our own statements, but we'll say it the australian way we'll say it the way
it's in our interests to make those statements and continue to adopt a very
consistent position.
This was viewed by some observers as an attempt to differentiate australia's
approach to china from that of the united states.
Morrison's comments that Australia would take our own actions and our own
initiatives were in fact a pledge that australia would engage more with
southeast asia and the south pacific.
Australia's Foreign Minister Maurice Payne and Defence Minister Linda
Reynolds penned a joint article in the australian newspaper on the eve of
their departure to Washington.
They wrote that australia looked to widen and
deepen our friendships across the indo-pacific in tandem with our alliance
with the US, Ibndonesia and Vietnam are widely tipped to be priority
countries.
