Arbitration Case Of The Philippines Against China In Harris
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FAQ
In 2016, the Philippines won the case, and the international court effectively invalidated the dash line. Beginning in 2015, China's People's Liberation Army Air Force began patrolling the South China Sea, including the disputed Paracel and Spratly Islands.
In its final Award, the Tribunal found that it had jurisdiction to decide all of the Philippines' claims except those relating to certain military activities (which were also excluded from the Tribunal's jurisdiction pursuant to China's 2006 declaration under Article 298 of UNCLOS).
The South China Sea Arbitration Through the Prism of Authoritarian International Law. The 2016 ruling by the Permanent Court of Arbitration (PCA) in favor of the Philippines marked a landmark moment in the geopolitical and legal disputes over the South China Sea (SCS).
The Philippines is one of the United States oldest Asian partners and a strategically major non-NATO ally. Since 1951, the countries have been formally bound in a mutual defense treaty. An outlier was the early presidency of Rodrigo Duterte, who sought closer relations with China and Russia.
In 2016, the Philippines won the case, and the international court effectively invalidated the dash line. Beginning in 2015, China's People's Liberation Army Air Force began patrolling the South China Sea, including the disputed Paracel and Spratly Islands.
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— ...
The United States has held a mutual defense treaty with the Philippines since 1951. In March, U.S. Secretary of Defense Lloyd Austin reaffirmed Washington's commitment to its ally and clarified that the treaty extended to both countries' armed forces, public vessels, and aircraft in the South China Sea.
China adopted a position of non-acceptance and non-participation in the proceedings. The Permanent Court of Arbitration served as Registry in this arbitration.
The PCA is constituted through two separate multilateral conventions with a combined membership of 124 Contracting Parties. The PCA is not a United Nations agency, but has been a United Nations observer since 1993.
The existing PRC Arbitration Law requires a valid arbitration agreement to include a specific designation of an arbitration commission (Article 16). The law further sets out stringent requirements on the establishment of an “arbitration commission” in China at the provincial and municipal levels (Article 10).
