VietNamNet Bridge – The arbitration case brought by the Philippines against China’s nine-dash line claims in the East Sea (internationally known as the South China Sea) ended with the ruling of the Permanent Court of Arbitration (PCA) constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) on July 12. We can call it a case of history for many reasons. For the first time in its history, China - "the world’s center"– was unilaterally sued by a small country in a marine dispute.
The East Sea dispute is complex, involving many parties, most concerned by many others. For the first time the PCA had to answer and explain in detail Article 121.3 of the UNCLOS and thereby contributing to the development of international law.
The ruling not only affects the Philippines and China but also affects many countries inside and outside the region, the process of implementation and development of maritime law and international law. After 17 years of failed bilateral negotiations, 3 years of performing procedures for the case, the ruling made on July 12th is considered beneficial to the Philippines.
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| Summary of Philippine Claims (Click Image to Enlarge) |
China has pursued the three-no policy: not recognizing the jurisdiction of the PCA, not involving in the case and not accepting the ruling.
The closer the day of ruling making came, the faster and stronger China took actions. It launched a propaganda campaign which built China’s image as a victim of a legal-political conspiracy. This might be the reason for the PCA to extend the time to announce the ruling to have an objective verdict.
The ruling has played an important role in affecting the political, security, economic situation of the countries in the East Sea region, to internal solidarity of ASEAN, to Sino-US competition and to the foreign policy of the countries having interests in the East Sea. The ruling is also the test of the credibility of international law, the respect and goodwill of the parties in the implementation of the law. The unintended effect of the ruling will also impact on many generations.
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