China’s nine-dash line has always been legally ambiguous. China claims the line depicts an area of the South China Sea over which it “has indisputable sovereignty over the islands … and the adjacent waters, and enjoys indisputable sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof”.
This is not a view shared by China’s regional neighbours and more generally by the international community. In 2016, a Tribunal, created under the 1982 UN Convention on the Law of the Sea, unanimously ruled that the nine-dash line had no validity under both the Convention and general international law. Notwithstanding that unambiguous ruling, China has persisted in advancing its claims based on the line. It has done so by rejecting outright the competence, jurisdiction and validity of the Tribunal and its ruling. It has continued to diplomatically assert its position in the South China Sea. Physically, it has continued to build artificial islands in the region, of which some appear to have been militarised. China’s maritime militia harass and provoke fishers operating within or adjacent to the line. The Chinese People’s Liberation Army Navy and Air Force conduct regional patrols and seek to exclude air and sea navigation and any associated exercises conducted by foreign military forces such as Australia, Canada and the United States. In sum, China is seeking to make the region a “Chinese lake” over which it exercises various forms of control.
There is longstanding sensitivity about British and French colonial maps that depict borders and territory in East Asia. One legacy of these maps has been disputes before international courts. In 1962, Cambodia and Thailand went to the International Court of Justice in a border dispute over the Temple of Preah Vihear where colonial-era maps were relied upon. Likewise, in other more recent International Court cases between Malaysia and Indonesia (2002) and Malaysia and Singapore (2008), maps were central to disputes over contested islands. While maps in these international cases have rarely been conclusive, they are a basis for factual legal evidence and can legitimately be presented to a court.
The nine-dash line is unique when compared to the other contentious Asian maps. The line does not draw a land boundary. The line encloses ocean space comprising contested islands, rocks, reefs, shoals and seabed. The waters it encloses are resource rich with oil and gas reserves and sought-after fisheries. The line is asserted unilaterally, without the negotiated agreement of China’s maritime neighbours. It has no modern legal precedent, and an international tribunal has conclusively dismissed its legality.
Notwithstanding all of this, the nine-dash line persists in Beijing and the Chinese imagination, and in the legal and geopolitical domain. It has also gained increasing traction in popular culture. The “Barbie Line” is fictional, but that Hollywood has given some cartoonish credibility to the nine-dash line will confirm for the Chinese Communist Party the success of their relentless pursuit of its legitimacy.