Arbitration Case Of The Philippines Against China In Pima
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Spratly Islands dispute. The Spratly Islands dispute is an ongoing territorial dispute among Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" (reefs, banks, and cays etc.) located in the South China Sea.
South China Sea Dispute Causes The main cause of this dispute is the claim of different territories over the Sea and territorial demarcation of the sea. The Sea is said to be a major source of natural resources for the different territories.
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 two countries have disputes over the sovereignty of some islands and shoals in the Spratly Islands. These disputes are linked to other disputes in the South China Sea. China conducts grey-zone operations in these waters.
Philippine stance Its position was that because most of the features in the South China Sea, such as most of the Spratly Islands, cannot sustain life, they cannot be given their own continental shelf as defined in the convention.
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.
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.
Contracts, such as an arbitration agreement, generally take effect only between the parties, their assigns, and heirs, as provided in article 1311 of the Civil Code of the Philippines (Civil Code). Thus, as a general rule, a third party cannot be bound by an arbitration agreement.
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— ...