THE ARBITRATION CASE BETWEEN PHILIPPINES AND CHINA OVER THEIR DISPUTE IN THE SOUTH CHINA SEA

Authors

  • Lowell Bautista Australian National Centre for Ocean Resources and Security (ANCORS), Faculty of Law, Humanities and the Arts, University of Wollongong, Australia

DOI:

https://doi.org/10.22452/jati.vol19no1.1

Keywords:

South China Sea, West Philippine Sea, law of the sea, international law, arbitration

Abstract

This paper will examine the arbitration case filed by the Philippines against China over the West Philippine Sea on 22 January 2013. The first part, and by way of introduction, will provide a concise summary of the competing territorial and maritime jurisdictional claims over the South China Sea highlighting recent developments. The second part will discuss the system of dispute settlement under the 1982 United Nations Convention on the Law of the Sea as well as relevant international jurisprudence and State practice. The third part will examine the arbitration case in greater detail discussing its factual antecedents and the specific reliefs sought by the Philippines. In the final part, the paper will conclude with an evaluation and analysis of the arbitration case in the context of its potential implications to the management of conflict and resolution of the sovereignty disputes in the South China Sea.

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Published

2014-12-25