By Wu Shicun
“The Tribunal’s decision is illogical, unfair, and risks escalating tensions in the South China Sea.”
On October 29, 2015, the Arbitral Tribunal of the Philippines vs. China Arbitration case in the South China Sea (“the Tribunal”) ruled that it had jurisdiction to hear the case and found the Philippines’ submissions admissible. The Tribunal’s decision is illogical, unfair, and risks escalating tensions in the South China Sea.
The United Nations Convention on the Law of the Sea (“UNCLOS” or “the Convention”) created dispute settlement mechanisms, including arbitration, to ensure a fair and effective implementation of the Convention, so as to bring to bear equitable and authoritative decisions by the international judiciary and help mitigate and resolve maritime disputes. But any adjudication or arbitration which disregards history and reality and is based on biased notions will not only cause it to miss the goal of the UNCLOS, but also aggravate the dispute.
The Tribunal’s jurisdiction and admissibility decision effectively refutes the entire “Position Paper of the Government of the People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines” (“Position Paper”) issued on December 7, 2014. The decision has also negated China’s 2006 declaration on the exclusion of maritime delimitation disputes and historic title from compulsory arbitration and other compulsory dispute settlement procedures,overlooked the Declaration on the Conduct of Parties in the South China Sea (“DOC”), and disregarded the priority given to consultation and negotiation in dispute resolution. The Tribunal essentially determined that the Philippines’ action was not vexatious, and that the Parties had exchanged views as required by the Convention. It also found that the Philippines’ submissions fall within the scope of application and interpretation of UNCLOS, and that the disputes do not concern territorial sovereignty or maritime boundary delimitation.
Read the full story at The Diplomat