Arbitration Case Of The Philippines Against China In Franklin
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A territorial row between China and the Philippines in the South China Sea has turned increasingly violent, with the two sides trading allegations of intentional boat rammings, and Manila accusing Chinese coastguard personnel of using water cannon against its troops and engaging in fist fights with spears and knives.
West Philippine Sea (Filipino: Kanlurang Dagat ng Pilipinas; or Karagatang Kanlurang Pilipinas; abbreviated as WPS) is the official designation by the government of the Philippines to the parts of the South China Sea that are included in the country's exclusive economic zone.
In retrospect, the effort was well worth it, at least from a legal standpoint. On 12 July 2016, three years since filing the case on 22 January 2013, the Philippines secured a favorable ruling which clarified important aspects of the South China Sea disputes.
While the disputes can be traced back to the 1940s, pressure on the Philippines from China as the most powerful and assertive claimant began in the mid-1990s with the Panganiban Reef (Mischief Reef) incident, and escalated especially since the 2012 Panatag Shoal (Scarborough Shoal; Bajo de Masinloc) standoff.
In its ruling, the Tribunal firmly rejected any PRC territorial or maritime claim to areas determined by the Tribunal to be part of the Philippines' exclusive economic zone and continental shelf. As provided under the Convention, the 2016 arbitral decision is final and legally binding on the PRC and the Philippines.
Bilateral ties took a downturn when the Philippine government filed an arbitration case against China under the United Na-tional Convention on the Law of the Sea (UNCLOS) in January 2013 challenging the legality of China's nine-dash line claim over the contested waters.
In 2016, the Permanent Court of Arbitration issued a decision confirming that the Philippines has sovereign rights over its 200 miles Exclusive Economic Zone (EEZ) in the West Philippine Sea.
On July 12, 2016, the arbitral tribunal adjudicating the Philippines' case against China in the South China Sea ruled overwhelmingly in favor of the Philippines, determining that major elements of China's claim—including its nine-dash line, recent land reclamation activities, and other activities in Philippine waters— ...
Arbitration in the Philippines is governed principally by Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004 (“RA 9285” or the “ADR Act”). RA 9285 was enacted on February 4, 2004 and primarily adopted: (1) Republic Act No.
