South China Sea Arbitration Award at 10: Indonesia's Enduring Challenges

The 2016 South China Sea Arbitral Award fundamentally clarified the interpretation of maritime entitlements under the UN Convention on the Law of the Sea (UNCLOS), declaring China's 'nine-dash line' claim to be without legal basis. This ruling significantly altered how states formulate and justify their maritime claims in the region. However, a decade on, full implementation remains elusive, leaving Indonesia and other claimant states grappling with complex maritime entitlement issues. The award's primary legacy is not the final settlement of regional disputes, but its crucial clarification of UNCLOS maritime entitlements. This has compelled states to reframe their claims within a more transparent legal framework. Prior to 2016, disputes in the South China Sea stemmed not only from competing sovereignty claims and overlapping maritime zones but also from differing interpretations of the legal basis for maritime entitlements. China had asserted its 'nine-dash line' based on alleged 'historic rights,' but the claim's legal meaning and geographical scope were ambiguous. The 2016 award considerably reduced these ambiguities. Notably, China's claims to 'historic rights' were rejected as incompatible with UNCLOS. Furthermore, the award provided the first detailed interpretation of Article 121(3) of UNCLOS concerning the legal status of maritime features, stipulating that only features capable of sustaining "human habitation or an economic life of their own" are entitled to an EEZ and continental shelf. Despite Beijing's continued insistence that the award is "null and void," its legal significance has dealt a blow to the legitimacy of China's maritime claims. China has since reduced its reliance on the 'nine-dash line,' increasingly emphasizing the 'Four Shas' doctrine and adopting terminology more aligned with UNCLOS. Meanwhile, the Philippines has codified key aspects of the award into domestic law through its 2024 Maritime Zones Act. Malaysia's submissions regarding its extended continental shelf also reflect considerations of the award's findings. While Indonesia is not a direct claimant to disputed features, its extensive exclusive economic zone (EEZ) partially overlaps with China's 'nine-dash line.' The principles of the arbitral award are therefore crucial for Indonesia's maritime entitlement protection. Nevertheless, China's continued assertiveness in the South China Sea presents Indonesia with ongoing challenges in safeguarding its sovereignty and maritime resources.