Arbitration Case Of The Philippines Against China In Oakland
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On 29 October 2015, the PCA published the award by the arbitral tribunal on Jurisdiction and Admissibility for the case. The award favored the Philippines on most of its contentions. The tribunal found that it has jurisdiction to consider the following seven Philippines' Submissions.
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).
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.
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).
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 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).
The PCA is an intergovernmental organization with 124 Contracting Parties.
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 Philippines' formal claims, and proclaimed so in a 1978 decree by President Marcos, on certain land features in the Spratlys islands group in the South China Sea, called the Kalayan (“Freedom” in Filipino) Group, have been made under the doctrine of Res nullius (ineffective sovereignty) and their geographical ...
