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Malaysia’s partial submission declared that it ‘shall not be interpreted in any manner
whatsoever to prejudice or affect matters relating to the delimitation of maritime
boundaries in the South China Sea between States with opposite or adjacent coasts
and their position concerning land and maritime disputes’. This declaration leaves
open the possibility that Malaysia, the Philippines and Vietnam could negotiate and
agree to delimit their overlapping areas.
Malaysia’s ‘without prejudice’ declaration coupled with the convergence of the
positions by the Philippines and Vietnam with respect to the Arbitral Tribunal Award
against China, open the possibility of a common stance vis-à-vis China. This could
strengthen their negotiating position in concluding a legally binding Code of Conduct
in the South China Sea.
Major outside powers would have a firmer political and legal basis to push back
against China’s claims that are not supported by international law. Although China
would come under increased political-diplomatic pressure to modify its position there
is no indication that the actual status quo would be changed. China will continue to
act in defiance of international law in the South China Sea.
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