Arbitration Case Of The Philippines Against China In Washington
Description
Form popularity
FAQ
Philippines-China relations have lately been dominated by the territorial disputes in the West Philippine Sea, which has escalated since the naval standoff over the Scarborough Shoal in April 2012 and aggravated by issues of Chinese illegal occupation, unlawful establishment of infrastructures, and incidents of ...
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.
The award addresses three main substantive issues: (a) the so-called “nine-dash line” and China's claim to historic rights in the South China Sea, (b) the status of certain maritime features in the South China Sea and (c) the legality of Chinese activities in the South China Sea.
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 ...
The United Nations Convention on the Law of the Sea (UNCLOS) is the second key source used by the US and the Philippines to assert the disputed area is part of the Philippines' EEZ. Three key sections of UNCLOS apply to the territorial dispute.
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.
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— ...
Philippine stance The Philippine's decision to initiate the arbitration was prompted by the 2012 Scarborough Shoal fishing dispute and the standoff that resulted during the dispute.
Philippines-China relations have lately been dominated by the territorial disputes in the West Philippine Sea, which has escalated since the naval standoff over the Scarborough Shoal in April 2012 and aggravated by issues of Chinese illegal occupation, unlawful establishment of infrastructures, and incidents of ...
It concluded that China breached the provisions of UNCLOS, in particular by (a) temporarily prohibiting fishing in areas of the South China Sea falling within the Philippines' EEZ, (b) failing to prevent Chinese vessels from fishing in the Philippines' EEZ at Mischief Reef and Second Thomas Shoal and (c) preventing ...
