Abstract

In 2011 the Philippines government lodged a complaint against China with the Permanent Court of Arbitration arguing that China is violating its sovereignty in the South China sea. Whist the Chinese government has dismissed the judgement it has brought into question the legality of the claims to the dispute and also claims by other States in the region such as Malaysia and Brunei. This paper will begin with an analysis of the currently acceptable ways of acquiring territory by member States in international law. A further discussion of the on the individual claims by member States to the dispute will be made. It will conclude by discussing the decision of the Permanent Court of Arbitration and providing a recommendation on how best to address the dispute.

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