14 July 2016 | CIL Fireside Chat Series

Award on Merits of the Arbitral Tribunal: Republic of the Philippines vs the People’s Republic of China

Introduction

The long-anticipated Award of the Arbitral Tribunal in the Philippines v China case was issued on 12 July 2016.

In this Fireside Chat, three international lawyers discussed the decision of the Tribunal and its implications for managing potential conflicts in the South China Sea.

The five-member Tribunal was established under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) after the Philippines instituted proceedings against China in 2013.

The Tribunal did not make any rulings on who has the better claim to sovereignty over the disputed islands in the South China Sea, nor did the Tribunal delimit any maritime boundaries between China and the Philippines.

However, the Tribunal clarified the rules of international law governing the maritime claims in the South China Sea. First, it ruled on the status and entitlement of the geographic features occupied by China. It concluded that all features in the Spratlys are “rocks” entitled to a 12 nm territorial sea but no exclusive economic zone.

The Tribunal also ruled that whatever “historic rights” China claims within the nine-dash line are not compatible with UNCLOS, which provides that the coastal State has the “sovereign right” to explore and exploit the natural resources in its exclusive economic zone. In addition, the Tribunal ruled that China’s “construction activities” on the features it occupies in the South China Sea were in breach of its obligations to preserve and protect the marine environment.

China has rejected the decision of the Tribunal. However, under the rules and procedures of UNCLOS the Award of the Tribunal is legally binding on China.

Hosts

Professor S Jayakumar
Professor Tommy Koh

Panellists

Assoc Prof Robert Beckman
Assoc Prof Wang Jiangyu
Dr Hao Duy Phan

Presentations

To download Dr Hao Duy Phan’s presentation in PDF format, click here.