South China Sea Arbitration Explained

The Republic of the Philippines v. The People's Republic of China
Courtseal:File:Permanent_Court_of_Arbitration_-_Cour_permanente_d%27arbitrage.svg
Court:An arbitral tribunal constituted under Annex VII to the 1982 United Nations Convention on Law of the Sea (UNCLOS)
Caption:Registered with the Permanent Court of Arbitration
Full Name:An Arbitration before an arbitral tribunal constituted under Annex VII to the 1982 United Nations Convention on Law of the Sea between the Republic of the Philippines and the People's Republic of China
Date Decided:12 July 2016
Citations:PCA Case No. 2013-19
Transcripts:https://pca-cpa.org/en/cases/7/
Judges:Presiding Arbitrator:
Thomas A. Mensah
Members:
Jean-Pierre Cot
Rüdiger Wolfrum
Alfred H. Soons
Stanisław Pawlak
Number Of Judges:5
Ruling:
  • China's historic rights claims over maritime areas inside the "nine-dash line" have no lawful effect if they exceed what is entitled to under UNCLOS
  • There was no legal basis for China to claim historic rights to resources within the sea areas falling within "nine-dash line"
  • UNCLOS does not provide for a group of islands such as the Spratly Islands to generate maritime zones collectively as a unit
  • China had breached its obligations under the convention on the International Regulations for Preventing Collisions at Sea and Article 94 of UNCLOS concerning maritime safety
  • China violated its obligations to refrain from aggravating or extending the parties disputes during the pendency of the settlement process
Italic Title:no

The South China Sea Arbitration (Philippines v. China, PCA case number 2013–19)[1] was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII (subject to Part XV) of the United Nations Convention on the Law of the Sea (UNCLOS, ratified by the Philippines in 1984, by the PRC in 1996, opted out from Section 2 of Part XV by China in 2006[2]) concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947.[3] [4] [5] A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.[6]

On 19 February 2013, China declared that it would not participate in the arbitration.[7] On 7 December 2014, it published a white paper to elaborate its position that, among other points, the tribunal lacks jurisdiction.[8] [9] In accordance with Article 3 of Annex VII of UNCLOS, the Philippines appointed 1 of the 5 arbitrators, while China did not appoint any. On 29 October 2015, the tribunal concluded that it had jurisdiction to consider seven of the Philippines' submissions, subject to certain conditions, and postponed the consideration of its jurisdiction on the other eight submissions to the merits phase.[10] [11]

On 12 July 2016, the arbitral tribunal ruled in favor of the Philippines on most of its submissions. It clarified that while it would not "rule on any question of sovereignty ... and would not delimit any maritime boundary", China's historic rights claims over maritime areas (as opposed to land masses and territorial waters) within the "nine-dash line" have no lawful effect unless entitled to under UNCLOS.[12] [13] China has rejected the ruling, as has Taiwan.[14] [15], 26 governments support the ruling, 17 issued generally positive statements noting the ruling but not called for compliance, and eight rejected it.[16] The United Nations does not hold any position on the case or on the disputed claims.[17]

Background

See main article: Territorial disputes in the South China Sea.

See also: Nine-dash line. Neither the Republic of China nor the People's Republic of China were invited to the treaty negotiations after Japan renounced all claims to the Spratly Islands and other conquered islands and territories in the Treaty of San Francisco, and the treaty did not designate successor states.[18] On 15 August 1951, in reaction to China's exclusion from the talks, the PRC government issued the Declaration on the Draft Peace Treaty with Japan by the US and the UK and on the San Francisco Conference by the then Foreign Minister Zhou Enlai, protesting the absence of any provisions in the draft on who shall take over the South China Sea islands. It reasserted China's sovereignty over the archipelagos in the South China Sea, including the Spratly Islands, and reiterated that "the Chinese government of the day had taken over those islands" and that the PRC's rightful sovereignty "shall remain intact".[19]

On 28 April 1952, the United States presided over the signing of the Treaty of Peace between Japan and the Republic of China. Article 2 of the document provided that "It is recognized that under Article 2 of the Treaty of Peace which Japan signed at the city of San Francisco on 8 September 1951 (hereinafter referred to as the San Francisco Treaty), Japan has renounced all right, title, and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the Paracel Islands."[19]

The Philippines bases its claim on its geographical proximity to the Spratly Islands. In May 1956, the dispute escalated after Filipino national Tomas Cloma and his followers settled on the islands and declared the territory as "Freedomland", now known as Kalayaan for himself and later requested to make the territory a protectorate of the Philippines. Tomas Cloma even stole China (ROC)'s national flag from the Taiping Island. In July 1956, he apologised officially for his act and he surrendered the flag he stole to China's embassy in Manila. On 2 October 1956, he wrote a letter and ensured he would not make further training voyages or landings in the territorial waters of China (ROC).[20] Philippine troops were sent to three of the islands in 1968, when the Philippines were under President Ferdinand Marcos. In the 1970s, some countries began to occupy islands and reefs in the Spratlys. The Spratlys were placed under the jurisdiction of the province of Palawan in 1978.

The PRC claims it is entitled to the Paracel and Spratly Islands because they were allegedly seen as integral parts of China under the Ming dynasty. The PRC and the Republic of China (ROC, or Taiwan) have these same territorial claims.[21] The latter has controlled the largest island – Taiping Island – in the group since 1946.

Vietnam states that the islands have belonged to it since the 17th century, using historical documents of ownership as evidence. Hanoi began to occupy the westernmost islands during this period.

In the early 1970s, Malaysia joined the dispute by claiming the islands nearest to it.

Brunei also claims Louisa Reef and Rifleman Bank, although some sources consider that claim to be weak.

Participants

The arbitration case involved the Philippines and China but only the Philippines participated in the arbitration.

Optional exceptions to applicability of compulsory procedure

Article 298 of Section 3 of Part XV of the Convention provides optional exceptions to the applicability of compulsory procedures provided in Section 2. China made a declaration in 2006 in accordance with this provision of the Convention purporting not to accept any of the procedures provided for in section 2 of Part XV of the convention. Many countries including the United Kingdom, Australia, Italy, France, Canada, and Spain had made similar declarations to reject any of the procedures provided for in sections 2 of Part XV of the convention with respect to the different categories of disputes.[22] However, the Tribunal held that this dispute did not fall within the exceptions provided in Article 298, and was therefore admissible.

Philippine stance

The Philippine's decision to initiate the arbitration was prompted by the 2012 Scarborough Shoal fishing dispute and the standoff that resulted during the dispute.

In the arbitration, the Philippines contended that the "nine-dotted line" claim by China is invalid because it violates the UNCLOS agreements about exclusive economic zones and territorial seas.[23] Its position was that because most of the features in the South China Sea, such as most of the Spratly Islands, cannot sustain life, they cannot be given their own continental shelf as defined in the convention.[24]

In framing its contentions, the Philippines' "submissions scrupulously avoided treading on questions of territorial sovereignty and boundary delimitation, which would fall outside the tribunal's" jurisdiction.[25]

Chinese stance

The Philippines' initiation of the arbitration was followed by extensive internal debates among Chinese policymakers about whether China should participate in the arbitration. Participating and losing could impact domestic sentiment and might have regional implications for China's other maritime territorial claims. The nine-dash line predated UNCLOS, and its lack of defined coordinates was a weakness under current international law. Chinese policymakers had previously sought to preserve the ambiguity of its status in an effort to preserve the status quo and manage its claims and relations with neighbors. Policymakers were also reticent because of concerns that the proceedings would not be fair, citing the fact that the president of ITLOS, Shunji Yanai, was Japanese. Some policymakers also were concerned about the procedure given that China had no precedent for using arbitration to resolve territorial disagreements. Others favored participation in order to be able to shape the proceedings, including because only by participating would China have the ability to appoint an arbitrator to the panel.

China declined to participate in the arbitration and stated that it would not accept any arbitration result. As part of its grounds for nonparticipation and nonacceptance, China cited the fact that China is a signatory to the 2006 UNCLOS exclusion clause which removes sovereignty and boundary delimitations issues from arbitration procedures.

China stated that several treaties with the Philippines stipulate that bilateral negotiations be used to resolve border disputes and that the Philippines of violating the 2002 ASEAN-China voluntary Declaration on the Conduct of Parties in the South China Sea, which also stipulated bilateral negotiations as the means of resolving border and other disputes.[26] [27] [28] According to this view, the Philippines had breached the parties' mutual agreements by beginning the arbitration unilaterally.

China described the proceedings as undermining regional stability and said that the Philippines was manipulating international law to damage China's territorial claims. The arbitration did have jurisdiction over sovereignty matters; China contended that the Philippines claims were in fact sovereignty arguments by another name.

China's December 2014 white paper ("On the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines") focused on the contention that the dispute was not subject to arbitration because it was ultimately a matter of sovereignty, not exploitation rights.[29] China also cited its signing of the 2006 UNCLOS arbitration exclusion for sovereignty and boundary limitations disputes.

Claimants of South China Sea islands

Taiwanese stance

Taiwan, officially the Republic of China, stated that the South China Sea islands were first discovered, named, and used by Chinese people.[30] It currently administers Taiping Island or Itu Aba, the largest of the Spratly Islands, but was neither consulted nor invited to the arbitration. Taipei argues that Taiping can sustain human habitation with its freshwater wells and produce, and is thus an island under UNCLOS. It had invited the Philippines and five arbitrators to visit Taiping; the Philippines rejected the invitation, and there was no response from the arbitrators.[31] According to Ian Storey, a regional expert at the ISEAS–Yusof Ishak Institute, for decades, the common understanding among scholars was that "Itu Aba is the only island in the Spratlys".[32] After the tribunal downgraded Itu Aba to a rock, Taiwan rejected the ruling, saying it is "not legally binding on the ROC". It pointed out that the status of Itu Aba was not a point of contention raised by the Philippines, who had brought the case, but was opened up by the tribunal on its own initiative.[33] [34] Lawmakers from the ruling KMT and the opposition DPP also joined in to express their disapprovals. Taiwan's Fisheries Agency declared that Taiwanese fishermen could continue to operate in the waters surrounding Taiping. The coast guard had already deployed a vessel to the area, and a naval frigate mission was pushed ahead of schedule in response to the ruling.[35] [36] [37]

Vietnamese stance

On 11 December 2014, Vietnam filed a statement to the tribunal which put forward three points: 1) Vietnam supports the filing of this case by the Philippines, 2) it rejects China's "nine-dashed line", and 3) it asks the arbitral tribunal to take note of Vietnam's claims on certain islands such as the Paracels.[38]

Other stances

Brunei sent its own UNCLOS claim through a preliminary submission prior to the arbitration.[39] In May 2009, Malaysia and Vietnam, as well as Vietnam alone, filed claims to the International Tribunal for the Law of the Sea with regard to the islands. This was in relation to extending their claimed continental shelves and Exclusive Economic Zones. The People's Republic of China rejected the claims since those violate the nine-dash line. The Philippines challenged the Malaysian claim stating that the claims overlap with the North Borneo dispute.[40] Indonesia made a comment asking whether China's view regarding rocks that cannot sustain human habitation or economic life of their own apply to the South China Sea islands as well as Japan's Okinitorishima.[41]

In 2015 the Philippines offered to downgrade its claim over parts of the Malaysian state of Sabah in exchange for Malaysia to adopt a different position on maritime claims that could help strengthen Philippines' case in its arbitration against China. The proposed position however was considered to be against Malaysia's maritime interest, with the added risk of hurting the country's ties with China.[42]

Arbitration process

The arbitration tribunal formed on 21 June 2013. The Philippines presented its petition on 30 March 2014. The contentions in its initial petition disputed the nine-dash line's validity, China's environmental impact, and the legality of China's contact with Filipino vessels in the area. In 2015, the Philippines added contentions based on China's land reclamation projects.

Following China's issuance of its December 2014 white paper on lack of jurisdiction, the tribunal decided to address jurisdictional issues first. The tribunal convened a Hearing on Jurisdiction and Admissibility on 7 to 13 July 2015, rendered an Award on Jurisdiction and Admissibility on 29 October 2015, convened a hearing on the merits from 24 to 30 November 2015, and issued a unanimous award on 12 July 2016.

The tribunal's November merits hearing proceeded without China's attendance. Because China did not participate in the arbitration, the arbitrators based their view of the Chinese position on China's 2014 white paper and letters sent to the tribunal from China's ambassador to the Netherlands.

Hearings

On 7 July 2015, case hearings began with the Philippines asking the arbitral tribunal to invalidate China's claims. The hearings were also attended by observers from Indonesia, Japan, Malaysia, Thailand and Vietnam.

On 29 October 2015, the tribunal ruled that it had the power to hear the case. It agreed to take up seven of the 15 submissions made by Manila, in particular whether Scarborough Shoal and low-tide areas like Mischief Reef can be considered islands. It set aside seven more pointed claims mainly accusing Beijing of acting unlawfully to be considered at the next hearing on the case's merits. It also told Manila to narrow down the scope of its final request that the judges order that "China shall desist from further unlawful claims and activities."[11]

Award on Jurisdiction and Admissibility

On 29 October 2015, the PCA published the award by the arbitral tribunal on Jurisdiction and Admissibility[43] for the case. The award favored the Philippines on most of its contentions. The tribunal found that it has jurisdiction to consider the following seven Philippines' Submissions. (Each number is the Philippines' Submissions number.) The tribunal reserved consideration of its jurisdiction to rule on Nos. 1, 2, 5, 8, 9, 12, and 14.

The tribunal stated in the award that there are continuing disputes in all of the 15 submissions from the Philippines, but for submissions such as No.3, No.4, No.6 and No.7, no known claims from the Philippines prior to the initiation of this arbitration exist, and that China was not aware of (nor had previously opposed) such claims prior to the initiation of arbitration. For Submissions No.8 to No.14, the tribunal held the view that the lawfulness of China's maritime activities in the South China Sea is not related to sovereignty.

Award

On 12 July 2016, the PCA published the award by the arbitral tribunal which it states is final and binding as set out in the convention.[44] Conclusions expressed in the award included the following:

Regarding the "Nine-Dash Line" and China's claim in the maritime areas of the South China Sea[45]

Regarding the status of features as above/below water at high tide (Submissions no. 4 and 6)

Regarding the status of features as rocks/islands (Submissions no. 3, 5, and 7)

Regarding alleged interference with the Philippines' sovereign rights in its EEZ and continental shelf (Submission no. 8)

Regarding alleged failure to prevent Chinese nationals from exploiting the Philippines' living resources (Submission no. 9)

Regarding China's actions in respect of traditional fishing at Scarborough Shoal (Submission no. 10)

Regarding alleged failure to protect and preserve the marine environment (Submissions no. 11 and 12(B))

Regarding occupation and construction activities on Mischief Reef (Submission no. 12)

Regarding operation of law enforcement vessels in a dangerous manner (Submission no. 13)

Regarding aggravation or extension of the dispute between the parties (Submission No. 14)

Regarding the future conduct of the parties (Submission no. 15)

Tribunal's position on the award

The tribunal had considered the issues related to the maritime areas in South China Sea. It declared its position on the award that: Its position reaffirms that the tribunal's rulings do not apply to China's territorial sovereignty claims over the islands and maritime features in South China Sea, and the award would not make any implication in China's sovereignty claims.

Timeline

Reactions

Before the ruling

There are countries and multinational bodies that have expressed support or opposition to the Philippines' move to take the South China Sea dispute to the Permanent Court of Arbitration. These entities however may not necessarily support either sides when it comes to the ownership of the disputed area affected by the case.

National governments

Compiled from the Center for Strategic and International Studies,[55] the Council of the EU and the European Council,[56] and the Philippine Daily Inquirer[57]

Support for the arbitration/Denial of PRC's claim
Opposed to arbitration
No public confirmation of stance towards the arbitration

ASEAN

See main article: article and ASEAN.

Within the Association of Southeast Asian Nations (ASEAN), Malaysia and Vietnam, who have territorial claims in the South China Sea, as well as Australia, Indonesia, Japan, Singapore and Thailand, sent observers to the proceedings.[58] [59]

In June 2016, before the tribunal issued its ruling, Malaysia's foreign ministry released what it said was a joint statement of ASEAN expressing "serious concern" over land reclamation activities in the South China Sea. Within hours of issuing the statement, Malaysia announced that ASEAN wanted the statement retracted for "urgent amendments". Malaysian Foreign Ministry's Secretary General Othman Hashim later claimed that ASEAN's foreign ministers had "unanimously agreed" to the statement at a meeting, and that "Subsequent developments pertaining to the media statement took place after the departure of the ASEAN foreign ministers".[60]

Cambodian Prime Minister Hun Sen later gave a speech condemning reports that Cambodia had had the statement retracted in order to please China, saying, "Cambodia will not be a puppet of anyone on the South China Sea issue."[61] Hun Sen suggested the case was a "political conspiracy" and that the ruling "will not be fair",[62] but also said that "Cambodia will just choose to stay neutral on this issue." A few days after Hun Sen's speech, the Cambodian People's Party, which Hun Sen heads, issued a statement backing him. According to the statement, "The CPP would like to reject unjust allegations that Cambodia has destroyed the issuing of a joint statement from ASEAN on the issue of the South China Sea both in Kunming recently and in 2012".[63]

On 9 July, shortly before the tribunal issued its ruling, Cambodia's foreign ministry issued a statement reiterating that Cambodia would not join any ASEAN statement on the ruling.[64]

Australia

Australia has not sought to take a public position on the matter other than to state that the ruling of the tribunal should be respected.[65] [66] However, Australia has recognised the right of the Philippines to seek arbitration.

European Union

European Union encourages all parties to seek peaceful solutions, through dialogue and cooperation, in accordance with international law – in particular with the UN Convention on the Law of the Sea.[67] A foreign affairs of the EU issued a statement saying "Whilst not taking a position on claims, the EU is committed to a maritime order based upon the principles of international law, in particular as reflected in the United Nations Convention on the law of the Sea (UNCLOS),".[68] The EU later stressed that China should respect the ruling from the Hague.[69]

Group of Seven

The Group of 7 (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States as well as a representation from the European Union) made a statement that the bloc should issue a "clear signal" to China's overlapping claims.[70] European Council President Donald Tusk said on the sidelines of a summit in Ise-Shima that the bloc should take a "clear and tough stance" on China's contested maritime claims.[71]

India

In August 2015, a junior Minister of State of India, V K Singh, told that territorial disputes should be resolved through peaceful means as was done by India and Bangladesh using the mechanisms provided by the UNCLOS, and parties should abide by the Declaration of the Conduct of Parties in the South China Sea.[72] In October 2015, the Foreign Minister of India Sushma Swaraj stated in a joint statement that India supports a peaceful settlement of the dispute. Peaceful means should be used according to the principles of international law, including the UNCLOS. In April 2016, Foreign Minister Sushma Swaraj stated in a communique that Russia, India and China agreed to maintain legal order of seas based on international law, including the UNCLOS, and all related disputes should be addressed through negotiations and agreements between the parties concerned.[73]

New Zealand

The foreign secretary of New Zealand stated in a speech that New Zealand supports the right to seek arbitration on South China Sea disputes.

North Atlantic Treaty Organization

NATO General Petr Pavel said NATO has "no legal platform" to intervene militarily in the South China Sea territorial disputes, and NATO will not interfere in other region's issues. NATO supports any regional solutions based on political and diplomatic negotiations, "rules-based international system" and peaceful means for resolving discord.[74]

China

In May 2016, Chinese Foreign Ministry spokesperson Hua Chunying said that more than 40 countries had expressed their support for China's position.[75] One 19 May 2016, Foreign Ministry spokesperson Hong Lei stated that Brunei, Mozambique, and Slovenia supported China's stance for negotiations to resolve South China Sea issues.[76] In July 2016, it was reported that more than 70 countries had called for the South China Sea dispute to be resolved through negotiations, not arbitration, although American media and think tanks have expressed doubt, with the Center for Strategic and International Studies (CSIS) via its Asia Maritime Transparency Initiative (AMTI) putting the number at ten.[77] [78]

On the day of the arbitration decision, before the decision issued, the Ministry of Defense spokesperson stated that regardless of the ruling, China would defend its national sovereignty, security, and maritime rights. The spokesperson also sought to dispel any concern of a forceful reaction to an adverse arbitration result by emphasizing that China's then on-going exercises in the South China Sea were merely an annual and routine exercise.

Shanghai Cooperation Organisation

In a statement of the Shanghai Cooperation Organisation Secretary-General Rashid Olimov on South China Sea issue, all SCO countries agreed and supported China's efforts made to safeguard peace and stability in the South China Sea. Directly concerned states should resolve disputes through negotiation and consultation in accordance with all bilateral treaties and the Declaration on the Conduct of Parties in the South China Sea (DOC), the statement said. It urged to respect the right of every sovereign state to decide by itself the dispute resolution methods, and strongly opposed outsiders' intervention into the South China Sea issue, as well as the attempt to internationalise the dispute.[79]

South Korea

During the 2015 East Asia Summit, South Korea's President Park Geun-hye stated that concerned parties should observe the Declaration on the Conduct of Parties in the South China Sea and that disputes should be resolved according to international law. "Korea has consistently stressed that the dispute must be peacefully resolved according to international agreements and code of conduct" and "China must guarantee the right of free navigation and flight.[80] [81] The Asahi Shimbun reports that the United States has made an unofficial request to South Korea to express its position on the arbitration case before the ruling but South Korea reportedly turned down the request saying its difficult make a position prior to the ruling.[82]

After the ruling

National governments

Compiled from the Center for Strategic and International Studies, the Council of the EU and the European Council,[83] [84] and ASEAN[85]

Supported ruling to be respected
Positively acknowledged ruling without any calls for compliance
Neutral
Opposed ruling

Statements from National governments

Chinese public

The arbitration decision resulted in a large-scale outpouring of criticism from Chinese internet users. From 1 July to 20 July 2016, over five million microblogs directly addressed the decision. It was one of the most discussed topics online in China during this period. The Weibo hashtag "China: not even a bit can be left behind" was re-blogged over 1.5 million times the evening it debuted.[99] Numerous Chinese celebrities expressed support online for China's position, which in turn prompted a broader public response.

Kentucky Fried Chicken ("KFC") restaurants in Chinese cities became locations for public protests.[100] Protestors denounced what they viewed as United States interference in China's sovereignty issues. Viewing KFC as symbolic of American presence in China, the protestors called for a boycott of the restaurant chain.

United Nations

The United Nations says it has no position regarding the legal or procedural merits of the case and the underlying disputes.[101] [102] On 12 July, the Secretary-General expressed his hope for continued consultations between ASEAN and China "under the framework of the Declaration of the Conduct of Parties in the South China Sea."[103]

The UN's International Court of Justice says it has no involvement in the case.[104]

ASEAN

At the 24 July 2016 China-ASEAN Foreign Ministers summit, China assured ASEAN that it would not conduct land reclamation on the Scarborough Shoal. The joint statement at the conclusion of the summit emphasized the implementation of the Declaration on the Conduct of Parties in the South China Sea and urged the parties to refrain from inhabiting currently unoccupied islands, reefs, shoals, cays, and other features. This functionally urged restraint on both China and the Philippines.

Other reactions

According to F-Secure, hackers in 2016 infiltrated and extracted confidential information from the Philippines' Department of Justice and the international legal firm which had represented the Philippines at the Hague. The firm said the hack was likely backed by the Chinese government.[105]

Academic Graham Allison observed in 2016, "None of the five permanent members of the UN Security Council have ever accepted any international court's ruling when (in their view) it infringed their sovereignty or national security interests. Thus, when China rejects the Court's decision in this case, it will be doing just what the other great powers have repeatedly done for decades."[106]

Following the arbitration result, former Secretary-General of the Maritime and Oceans Affairs Center at the Philippines Department of Foreign Affairs Alberto Encomienda asserted that the Philippines government had lied when it stated that it had exhausted bilateral discussions prior to beginning the arbitration proceedings. According to Encomienda, who had overseen the bilateral negotiations for the Philippines side prior to the arbitration proceedings, "Manila never responded" to repeated efforts by China to resume negotiating. In Encomienda's view, the Philippines government was responsible for escalating tension on the South China Sea issues.

Philippine government

Taking office on 30 June 2016, Philippines President Rodrigo Duterte hoped a non-confrontational approach to China could eventually lead to joint exploration of the South China Sea.[107] This was followed by attempts to initiate dialogues from both sides. On 8 August 2016, the Philippines dispatched former president Fidel V. Ramos to Hong Kong to mitigate tensions following the arbitration result. Duterte and Chinese president Xi Jinping also created the biannual Bilateral Consultation Mechanism on the South China Sea, a process allowing the two nations to peacefully manage disputes and strengthen their relations.

In March 2017, after seeing a Chinese vessel around the Benham Rise, Duterte ordered the Philippine Navy to build structures on the undersea feature to assert sovereign rights[108] and named it Philippine Rise in May.[109] He also ordered the armed forces of the Philippines to fortify the islands in the South China Sea that are under Philippine control in response to accusations of being too cozy to China.[110] [111]

In November 2018, the Philippines and China signed 29 agreements, including a memorandum of understanding on joint oil-and-gas developments.[112] [113] In September 2019, Duterte said Xi had offered the Philippines a controlling stake in a gas deal in the Reed Bank if the Philippines set aside the Hague ruling.[114]

RAND Corporation analyst Derek Grossman observed that by June 2020, Duterte's hopes for more Chinese investments and loans had not materialized.[115] Shortly after, Duterte called on the Department of Foreign Affairs to demand China recognize the arbitration ruling. During a speech at the UN in September 2020, Duterte affirmed the ruling, stating "the award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish, or abandon."[116]

The election of Philippine president Bongbong Marcos in 2022 saw the onset of worsening Philippine-China relations and frequent skirmishes in the South China Sea.[117] [118]

See also

References

Citations

Further reading

External links

Notes and References

  1. Web site: The South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China). 25 December 2020. 23 December 2020. https://web.archive.org/web/20201223192935/https://pca-cpa.org/en/cases/7/. live.
  2. Web site: Declarations made by States Parties under article 298. ITLOS. n.d.. August 26, 2024 . China The Government of the People’s Republic of China does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b) and (c) of Article 298 of the Convention..
  3. Book: Wu, Shicun . Solving Disputes for Regional Cooperation and Development in the South China Sea: A Chinese Perspective . 978-1780633558 . Chandos Asian Studies Series . 2013 . Elsevier Reed . 79 "History of the U-shaped line" . 13 February 2021 . 7 April 2023 . https://web.archive.org/web/20230407015817/https://books.google.com/books?id=zc5ZAgAAQBAJ . live .
  4. Web site: Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements . . September 3, 2020 . United Nations . Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations. . February 12, 2021 . 14 April 2009 . https://web.archive.org/web/20090414043900/http://www.un.org/depts/los/reference_files/chronological_lists_of_ratifications.htm . live .
  5. Web site: Seventh Press Release 29102015 . Permanent Court of Arbitration . 29 October 2015 . en . 30 January 2022 . 10 March 2022 . https://web.archive.org/web/20220310225550/https://www.pcacases.com/web/sendAttach/1503 . live .
  6. Web site: First Press Release . Permanent Court of Arbitration . 27 August 2013 . en . 30 January 2022 . 10 March 2022 . https://web.archive.org/web/20220310231111/https://www.pcacases.com/web/sendAttach/227 . live .
  7. Web site: PHL PRC China Note Verbale . 27 August 2016 . 19 September 2016 . https://web.archive.org/web/20160919051036/https://www.documentcloud.org/documents/2165478-phl-prc-china-note-verbale.html . live .
  8. Chinese Society of International Law . The Tribunal's Award in the "South China Sea Arbitration" Initiated by the Philippines Is Null and Void . 12 June 2016 . 22 August 2016 . https://web.archive.org/web/20160822045942/http://www.csil.cn/News/Detail.aspx?AId=201 . live .
  9. Ministry of Foreign Affairs of the People's Republic of China . Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines . 12 June 2016 . 7 June 2016 . https://web.archive.org/web/20160607195634/http://www.fmprc.gov.cn/mfa_eng/zxxx_662805/t1217147.shtml . live .
  10. News: 2015 . Philippines asks tribunal to invalidate China's sea claims . The Philippine Star. Associated Press . 17 July 2016 . https://web.archive.org/web/20161012212055/http://www.philstar.com/headlines/2015/07/08/1474798/philippines-asks-tribunal-invalidate-chinas-sea-claims . 12 October 2016 . dead .
  11. News: World tribunal to hear South China Sea case . 30 October 2015 . Bangkok Post . 3 August 2022 . 7 April 2023 . https://web.archive.org/web/20230407015804/https://www.bangkokpost.com/world/748180/world-tribunal-to-hear-south-china-sea-case . live .
  12. Web site: Eleventh Press Release 12072016 (English) . Permanent Court of Arbitration . 7 December 2016 . 30 January 2022 . 20 January 2022 . https://web.archive.org/web/20220120114023/http://www.pcacases.com/web/sendAttach/1801 . live .
  13. News: Tribunal Rejects Beijing's Claims in South China Sea . Perlez . Jane . 12 July 2016 . The New York Times . 0362-4331 . 12 July 2016 . 13 July 2016 . https://web.archive.org/web/20160713064120/http://www.nytimes.com/2016/07/13/world/asia/south-china-sea-hague-ruling-philippines.html . live .
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