Sovereignty issues in the South China Sea: The Republic of the Philippines vs The People's Republic of China

Abstract

ABSTRACTSovereignty in the maritime domain is governed by the international laws and conventions, particularly the United Nations Convention on the Law of the Sea (UNCLOS). Maritime sovereignty is deeply contested and the view on it is diverse. While the idea of continental sovereignty got cemented over time, the concept of maritime territorial sovereignty remained fragile until the conclusion of UNCLOS negotiations in 1982. Although China was a part of the negotiating process and has ratified the Convention, its actions in the South China Sea (SCS) have frequently contravened with the UNCLOS. This paper argues, by employing the principles of sovereignty theory, that even though China has discarded the Permanent Court of Arbitration's (PCA) ruling in the case of The Republic of the Philippines vs The People's Republic of China, the ruling has set up a clear precedent, which shall be a cornerstone for future references on sovereignty issues in the maritime domain.