The Philippines v. China Case and the South China Sea Disputes

Abstract

On 22 January 2013, the Philippines officially notified China that it had instituted arbitral proceedings1 against China under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This chapter will examine the role of UNCLOS and international law in the South China Sea disputes, and will focus in particular on the significance of the arbitration instituted by the Philippines. It will explain the legal issues raised by the Philippines’ Statement of Claim. It will also analyse the possible impact of the case on the disputes concerning maritime claims in the South China Sea, including China’s claim to rights and jurisdiction in the maritime space inside the infamous nine-dash line on the Chinese map of the South China Sea.