Dr. Nguyen Thi Lan Anh
Deputy Director of the Institute of the East Sea Studies.
VietNamNet Bridge – The Permanent Court of Arbitration (PCA) will rule on the lawsuit between the Philippines and China over the East Sea dispute (internationally known as the South China Sea) tomorrow. Whatever scenario takes place, the case will affect the face of the East Sea, the parties involved in the dispute and also Vietnam.
The lawsuit between the Philippines and China is the case settled by the PCA under Annex VII of the UN Convention on the Law of the Sea (UNCLOS).
To submit the case under this mechanism, in terms of procedures, the Philippines must meet the following conditions: (i) prove the existence of disputes regarding the interpretation and application of the UNCLOS between the Philippines and China; (Ii) the two sides exchange views on the settlement of disputes without achieving results and (iii) the two parties do not choose other dispute settlement mechanisms rather than the UNCLOS.
China said that the Philippines is not allowed to start proceedings against China because this country has not fulfilled the conditions.
However, the PCA, in its ruling on jurisdiction confirmed that the Philippines had completed the conditions on procedures and recognized this country's right to unilaterally take legal proceedings against China.
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