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Arbitration Concerning the South China Sea: A Comprehensive Guide

Earl Williams

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Published in Arbitration Concerning The South China Sea: Philippines Versus China (Contemporary Issues In The South China Sea)

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The South China Sea is one of the most contested regions in the world, with multiple countries claiming sovereignty over all or parts of it. In 2013, the Philippines initiated arbitration proceedings against China under the United Nations Convention on the Law of the Sea (UNCLOS). The arbitral tribunal issued its award in 2016, which largely rejected China's claims.

Arbitration Concerning the South China Sea: Philippines versus China (Contemporary Issues in the South China Sea)

by Taffy Jensen

4.6 out of 5

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This guide provides a comprehensive overview of the arbitration concerning the South China Sea, including the legal, historical, and geopolitical aspects of the dispute.

Legal Framework

The legal framework for the arbitration was provided by UNCLOS. UNCLOS is an international treaty that establishes a legal framework for all aspects of ocean use and management. It sets out the rights and obligations of states with respect to the use of the oceans, including the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf.

The Philippines argued that China's claims to the South China Sea violated UNCLOS. China, on the other hand, argued that UNCLOS did not apply to the South China Sea and that its claims were based on historical rights.

Historical Background

The South China Sea has been a source of contention for centuries. China has claimed sovereignty over all or parts of the South China Sea for over 2,000 years. Other countries, including the Philippines, Vietnam, Malaysia, Brunei, and Indonesia, also have claims to parts of the South China Sea.

In recent years, tensions over the South China Sea have escalated as China has become more assertive in its claims. China has built artificial islands in the South China Sea and has increased its military presence in the region. This has raised concerns among other countries in the region, as well as the United States.

Geopolitical Implications

The arbitration concerning the South China Sea has significant geopolitical implications. The South China Sea is a vital shipping lane and is also rich in natural resources. The outcome of the arbitration could have a major impact on the balance of power in the Asia-Pacific region.

China is likely to continue to assert its claims to the South China Sea, even in the face of the arbitral award. This could lead to further tensions in the region and could even escalate into conflict.

The United States has a strong interest in maintaining peace and stability in the Asia-Pacific region. The United States has said that it will not take sides in the dispute over the South China Sea, but it has also said that it will not allow China to bully its neighbors.

The arbitration concerning the South China Sea is a complex and challenging issue. There is no easy solution to the dispute, and it is likely to continue to be a source of tension in the region for many years to come.

This guide has provided a comprehensive overview of the arbitration concerning the South China Sea. For more information, please consult the resources listed below.

Resources

* [Permanent Court of Arbitration website](https://pca-cpa.org/) * [United Nations Convention on the Law of the Sea](https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf) * [Council on Foreign Relations: The South China Sea Dispute](https://www.cfr.org/backgrounder/south-china-sea-dispute)

Arbitration Concerning the South China Sea: Philippines versus China (Contemporary Issues in the South China Sea)

by Taffy Jensen

4.6 out of 5