China’s 10-dash line flaunts ‘arbitrariness’, expert says

China is flaunting anew an "arbitrariness" by releasing its 2023 version of the map, which features a new 10-dash line that defines its purported boundaries in the South China Sea, according to Maritime law expert Professor Jay Batongbacal.

"This is already the second time because the first time was in 2013. Based on some reports, it seems that they are introducing a new drawing. It may be small but other countries are already reacting like India and this time, Malaysia has already reacted," Batongbacal said in a chance interview Thursday evening.

China's Ministry of Natural Resources on 28 August issued the map, which covers a large part of the South China Sea, including the country's exclusive economic zone in the West Philippine Sea.

"Una pinapakita nito yung arbitrariness nung kanilang claim kasi nga nagbabago. Pangalawa, pinapakita rin nito na talagang walang basehan 'yung kanilang dinodrawing na iyan. Talagang yung mga ibang bansa talagang hindi yan tatanggapin (First, it shows the arbitrariness of their claim because it changes. Second, it also shows that what they are claiming is really baseless. The other countries really can't accept that.)"

Malaysia, Taiwan, and the Philippines have earlier rejected China's claims under the new version of its SCS map, showing that Taiwan as well as India's northeastern state of Arunachal Pradesh and Aksai Chin region are part of Beijing's domain.

Batongbacal said there's a lot of misinterpretation and manipulation of information regarding China's claims in the SCS, which overlaps the claims of its neighboring countries.

"The Chinese government keeps pushing these narratives that are not really true. The problem is that this information is being reported as if it's true," he said.

Thus, Batongbacal pressed the need for the media outlets, particularly those assigned in the Philippines, to better understand the issues on SCS/WPS.

"It is also very important to us because we are a democratic nation and the media plays a very important role in the molding and expression of the public opinion so the media needs to be well-informed, especially in our advocacy in the WPS. This is about our nation," he said.

China's uncertainties, lack of stability

Batongbacal said the Philippines keeps insisting that China should follow the rules-based international order and an international law referred to as "The Law of the Sea Convention."

"China should follow the rules that when we all negotiated—the United Nations Convention on the Law of the Sea—and China itself supposedly ratified that agreement. It shows that even though China signed treaties, conventions, and agreements. yet anytime if it finds it inconvenient in its interest, it can ignore it," he added.

Batongbacal said such action from China shows a "lack of stability and uncertainties."

"And for countries like us, smaller, less powerful and can't match—let's say—large countries like China, if that's our system in the world, then we will not have our independence or sovereignty—if like that. We will just fall into whatever other countries want of us whenever they want, right?," he said.

In the case of the WPS, Batongbacal further explained that China seems pushing for its own "wants and composition" despite signing agreements and international laws.

"It keeps ignoring it and insists itself with the other countries. We really need to push back on it and we should stand international law. We should insist that China should follow the agreement and the international law," he said.

He, meanwhile, noted that the legal position of the Philippines was put on record through a series of diplomatic protests.

"With it, no one can tell that we are accepting China's claims. It is very clear that we always oppose China that their activities are wrong and it will never be that such behavior would be acceptable in the international law," he said.

Batongbacal underscored the Philippines' need to stand up for legal rights and entitlement in the international community.

Senator Risa Hontiveros earlier described China as "delusional and desperate" after issuing the new 2023 version of its 10-dash line map, claiming part of the WPS as theirs.

"China is delusional. Wala na sa huwisyo itong Tsina. Kung ano-ano nalang ang ginagawa para mang-angkin ng mga teritoryong hindi naman sa kanya (China is our of its mind. It keeps on inventing to grab what is not theirs) This map is Beijing's desperate attempt to assert its lies and propaganda," she said.

Hontiveros added that the Department of Foreign Affairs should also coordinate with the National Resource and Mapping Authority) to update a map that clearly shows the country's exclusive economic zone, continental shelves, and territorial seas in the WPS.