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374<br />

Taiwan and the 11-Dash Line<br />

The nine-dash line on Chinese maps of the South China Sea is<br />

based on a map with a line containing 11 dashes that was published<br />

in 1947 by the government of the Republic of China,<br />

which later moved to Taiwan at the end of the Chinese civil<br />

war. 126 There are various explanations of the original meaning<br />

of the line. Although the line clearly encompasses the land features<br />

that the Taiwan government claims, it is unclear whether<br />

it also indicates a claim of sovereignty or jurisdiction over the<br />

waters within the line. 127<br />

One interpretation is offered by Dustin Kuan-Hsiung Wang, a<br />

professor in the Graduate Institute of Political Science at National<br />

Taiwan Normal University. Dr. Wang discussed the original<br />

purpose of the 11-dash or U-shaped line in e-mail correspondence<br />

with Commission staff. Dr. Wang wrote: ‘‘The meanings<br />

of the U-shaped line were probably twofold: one was to<br />

demarcate an area of the South China Sea within which the<br />

Republic of China claimed all islands. Under this, the claim was<br />

not intended to encompass all the water within the lines, but<br />

rather, all the land sovereignty within the lines. The other was<br />

to express the perception of undecided maritime boundaries<br />

between the Republic of China and her neighbors. However, further<br />

negotiations were needed between them, therefore the U-<br />

shaped line was expressed in (eleven) dashes.’’ 128<br />

In 1993, the Taiwan government adopted the Policy Guidelines<br />

for the South China Sea, which declared that ‘‘the South China<br />

Sea area within the historic waters limit is the maritime area<br />

under the jurisdiction of the Republic of China, where the Republic<br />

of China possesses all rights and interests.’’ 129 The Taiwan<br />

government continues to claim the land features in the<br />

South China Sea, but its position regarding the waters appears<br />

to have changed over time. During the last 20 years, Taipei has<br />

gradually stopped using the term ‘‘historic waters.’’ 130 In September<br />

2014, then President Ma said, ‘‘The principle that ‘sovereignty<br />

over land determines ownership of the surrounding<br />

waters,’ which is set out in [UNCLOS], applies to disputes concerning<br />

sovereignty over both land and sea.’’ 131 President Ma’s<br />

clarification of Taiwan’s position that maritime entitlements<br />

should be derived from sovereignty over land in accordance with<br />

UNCLOS contrasts with China’s vague and expansive sovereignty<br />

claims to nearly all of the land and sea within its ninedash<br />

line, which encompasses around 90 percent of the South<br />

China Sea (the South China Sea encompasses more than 1.4 million<br />

square miles of water). The Tsai Administration appears to<br />

be continuing this trend away from Taiwan’s earlier, more expansive<br />

claims, choosing not to mention the dashed line in its response<br />

to the arbitral tribunal’s ruling. 132<br />

dkrause on DSKHT7XVN1PROD with USCC<br />

VerDate Sep 11 2014 14:49 Nov 01, 2016 Jkt 020587 PO 00000 Frm 00019 Fmt 6601 Sfmt 6601 G:\GSDD\USCC\2016\FINAL\09_C3_M.XXX 09_C3_M

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