The South China Sea Arbitration and the Fullness Thereof

Abstract

On July 12, 2016, an UNCLOS Arbitration Tribunal under the auspices of the Permanent Court of Arbitration (PCA) – The Hague Netherlands – handed down a far-reaching award in favor of the Philippines over the South China Sea. The Tribunal found that it had jurisdiction to hear and determine the dispute despite China’s protestations and refusal to take part in the proceedings. It also held inter-alia that whatever ‘historical rights’ claimed by China, regarding the resources in the waters of the South China Sea, such rights were extinguished to the extent that they were incompatible with the Exclusive Economic Zones provided by the UNCLOS Convention. The Spratly islands – which China is laying claims to and is presently modifying – were also held ‘not to be capable of generating extended maritime zones for China.’ Therefore, it pronounced the activities of China within the claimed ‘nine-dash-line’ as generally unlawful in light of the obligations assumed by state parties to UNCLOS of which China is one. The award is thus remarkable in many respects. First, it has deep resonance for international law, international Arbitration, Maritime Law and Foreign Policy in general. Indicative of the ramifications it has for these fields and the countries involved is the amount of publicity and commentary which it is generating – and would continue to generate. Hence it is the aim of this piece to attempt an analytical evaluation of the Award and its implications for international law – and global peace and security by extension.