Philippines v. China

The Republic of the Philippines v. The People’s Republic of China

Logo of the UNCLOS

Court An arbitral tribunal constituted under Annex VII to the 1982 United Nations Convention on Law of the Sea
Full case 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
Decided July 12, 2016
Transcript(s) https://pcacases.com/web/view/7
Ruling
The tribunal ruled that China has "no historical rights" based on the "nine-dash line" map
Court membership
Judges sitting

Presiding Arbitrator:[1]
Ghana Thomas A. Mensah

Members:
France Jean-Pierre Cot
Germany Rüdiger Wolfrum
Netherlands Alfred H. Soons
Poland Stanislaw Pawlak
Map of the South East China
China's nine-dotted line claim over the South China Sea, 1947

Philippines v. China (PCA case number 2013–19), also known as the South China Sea Arbitration, was an arbitration case brought by the Republic of the Philippines at a The Hague-based temporary arbitral tribunal (actually acting as "registry" of PCA) constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS)[2][3][4] against the People's Republic of China concerning certain issues in the South China Sea[5] including the legality of China's "nine-dotted line" claim over the South China Sea under the UNCLOS.

On 19 February 2013, China officially refused to participate in the arbitration.[6] On 7 December 2014, a position paper was published by China to elaborate its position.[5][7] On 29 October 2015, the arbitral tribunal ruled that it has jurisdiction over the case,[8] taking up seven of the 15 submissions made by the Philippines.[9]

On 12 July 2016, the tribunal ruled in favor of the Philippines in seven of the Philippines' submissions. It also ruled that it could not make a decision in seven of the submissions, and asked the Philippines to clarify and narrow one of its submissions. It also clarified that it would not "...rule on any question of sovereignty over land territory and would not delimit any maritime boundary between the Parties".[10][11] The tribunal ruled that China has "no historical rights" based on the "nine-dash line" map.[10][11]

China has rejected the ruling, as has Taiwan.[12][13] The United Nations holds no position on the case, and the International Court of Justice has had no involvement.

Background

See also: Nine-dash line
Territorial claims in the South China Sea

The dispute has been affected by the fact that, after Japan renounced all claims to the Spratly Islands and other conquered islands and territories in the Treaty of San Francisco and Treaty of Peace with the Republic of China (Taiwan) signed on September 8, 1951, it did not indicate successor states[14] since China was not invited to the treaty talks held in San Francisco. In reaction to that, on 15 August, the Chinese 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, reitirating China's sovereignty over the archipelagos in the South China Sea, including the Spratly Islands, and protesting about the absence of any provisions in the draft on who shall take over the South China Sea islands following Japan's renouncement of all rights, title and claim to them. It reiterated that "the Chinese government of the day had taken over those islands" and that the PRC's rightful sovereignty "shall remain intact".[15]

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."[15]

The Philippines bases its claim on its geographical proximity to the Spratly Islands.[16]

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.[17] Tomas Cloma even stole China (ROC)'s national flag from the Taiping Island. In July 1956, he apologized officially for his act and he surrendered the flag he stole to China's embassy in Manila. On Oct 2nd 1956, he wrote a letter and ensured he would not make further training voyages or landings in the territorial waters of China (ROC).[18]

Philippine troops were sent to three of the islands in 1968,[17] when the Philippines were under President Ferdinand Marcos. In the 1970s, some countries began to invade and occupy islands and reefs in the Spratlys.[19][20] The Spratlys were placed under the jurisdiction of the province of Palawan in 1978.[17]

The People's Republic of China (PRC) claims it is entitled to the Paracel and Spratly Islands because they were seen as integral parts of the Ming dynasty.[16] China and Taiwan have these same territorial claims.[16] The Republic of China (Taiwan) took control of the largest island - Taiping Island - in the group since 1946.[17]

Vietnam states that the islands have belonged to it since the 17th century, using historical documents of ownership as evidence.[16] Hanoi began to occupy the westernmost islands during this period.[16]

In the early 1970s, Malaysia joined the dispute by claiming the islands nearest to it.[21]

Brunei also extended its exclusive economic zone, claiming Louisa Reef.[21]

Optional exceptions to applicability of compulsory procedure

Article 298 of Section 3 of Part XV of the Convention provides optional exceptions to applicability of compulsory procedures provided in Section 2. China made declaration in accordance with the UN Convention on the Law of the Sea in 2006 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 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][23]

Participants

The arbitration involved the Philippines and China.[24]

Philippine stance

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.[25] It says 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.[26]

Chinese stance

China refused to participate in the arbitration, stating that several treaties with the Philippines stipulate that bilateral negotiations be used to resolve border disputes. It also accuses the Philippines of violating the voluntary Declaration on the Conduct of Parties in the South China Sea, made in 2002 between ASEAN and China, which also stipulated bilateral negotiations as the means of resolving border and other disputes.[27][28][29] China issued a position paper in December 2014 arguing the dispute was not subject to arbitration because it was ultimately a matter of sovereignty, not exploitation rights.[30] Its refusal will not prevent the PCA tribunal from proceeding with the case.[31] After the award ruling, the PRC issued a statement rejecting it as 'null' and having decided not to abide by the arbitral tribunal's decision, said it will "ignore the ruling".[32]

Claimants of the South China Sea

Taiwanese stance

The arbitral tribunal has not invited Taiwan to join the arbitration, and no opinion of Taiwan has been sought.[33] The Philippines claimed that Taiping Island is a rock. In response,[34] President Ma Ying-jeou of Taiwan rejected the Philippines' claim as "patently false".[35] Taiwan invited the Philippines and five arbitrators to visit Taiping Island; the Philippines rejected the invitation, and there was no response from the PCA tribunal.[36]

Vietnamese stance

On December 11, 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 PCA tribunal to take note of Vietnam's claims on certain islands such as the Paracels.[37]

Other stances

Brunei sent its own UNCLOS claim through a preliminary submission prior to the arbitration.[38] 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-dotted line". The Philippines challenged the Malaysian claim stating that the claims overlap with the North Borneo dispute.[39]

Indonesia made a comment on China's claim by saying that the features are rocks and cannot sustain life, effectively calling the Chinese claim invalid. The Philippines echoed Indonesia's claims, further stating that the islands belong to them through geographic proximity.[39][40]

Arbitration

Hearings

On July 7, 2015, case hearings began with the Philippines asking the tribunal to invalidate China's claims. The hearings were also attended by observers from Indonesia, Japan, Malaysia, Thailand and Vietnam.[8] The case has been compared to Nicaragua v. United States due to similarities of the parties involved such as that a developing country is challenging a permanent member of the United Nations Security Council in an arbitral tribunal.[41]

On 29 October 2015, the PCA 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."[9]

The arbitral tribunal scheduled the hearing on merits of the case from 24 to 30 November 2015.[42]

Award on Jurisdiction and Admissibility

On 29 October 2015, the PCA published the award by the tribunal on Jurisdiction and Admissibility[43] for the case. The tribunal found that it has jurisdiction to consider the following seven Philippines’ Submissions. The number is the Philippines’ Submissions number. The tribunal reserved consideration of its jurisdiction to rule on No. 1, 2, 5, 8, 9, 12, and 14.

The tribunal stated in the award that there are disputes in all of the 15 submissions from the Philippines,[43] 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 arbitration exist, and China was not aware or opposed such claims prior to the initiation of arbitration. Chinese Society of International Law (CSIL) states that the tribunal was trying to hide its incapability to prove that maritime entitlements of the nine features constitute the disputes.[5]

For Submission No.8 to No.14, the tribunal held the view that lawfulness of China's activities in the South China Sea is not related to sovereignty. CSIL has asserted that disagreements concern territorial sovereignty, and constitute no dispute with respect to the claims advanced by the Philippines.[5]

Award

On July 12, 2016, the Permanent Court of Arbitration published an arbitration award by the tribunal which it states is final and binding as set out in the Convention.[32][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]
  • The [UNCLOS] Convention defines the scope of maritime entitlements in the South China Sea, which may not extend beyond the limits imposed therein.[46]
  • China’s claims to historic rights, or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the ‘nine-dash line’ are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under the Convention. The Convention superseded any historic rights or other sovereign rights or jurisdiction in excess of the limits imposed therein.[47]
Regarding the status of features as above/below water at high tide (Submissions no. 4 and 6)
  • High-tide features: (a) Scarborough Shoal, (b) Cuarteron Reef, (c) Fiery Cross Reef, (d) Johnson Reef, (e) McKennan Reef, and (f) Gaven Reef (North).[48]
  • Low-tide elevations: (a) Hughes Reef, (b) Gaven Reef (South), (c) Subi Reef, (d) Mischief Reef, (e) Second Thomas Shoal.[49]
  • Hughes Reef lies within 12 nautical miles of the high-tide features on McKennan Reef and Sin Cowe Island, Gaven Reef (South) lies within 12 nautical miles of the high-tide features at Gaven Reef (North) and Namyit Island, and that Subi Reef lies within 12 nautical miles of the high-tide feature of Sandy Cay on the reefs to the west of Thitu.[50]
Regarding the status of features as rocks/islands (Submissions no. 3, 5, and 7)
  • Scarborough Shoal contains, within the meaning of Article 121(1) of the Convention, naturally formed areas of land, surrounded by water, which are above water at high tide. However, under Article 121(3) of the Convention, the high-tide features at Scarborough Shoal are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf.[51]
  • Johnson Reef, Cuarteron Reef, and Fiery Cross Reef contain, within the meaning of Article 121(1) of the Convention, naturally formed areas of land, surrounded by water, which are above water at high tide. However, for purposes of Article 121(3) of the Convention, the high-tide features at Johnson Reef, Cuarteron Reef, and Fiery Cross Reef are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf.[52]
  • The high-tide features at Gaven Reef (North) and McKennan Reef are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf.[53]
  • Mischief Reef and Second Thomas Shoal are both low-tide elevations that generate no maritime zones of their own [and] that none of the high-tide features in the Spratly Islands are capable of sustaining human habitation or an economic life of their own within the meaning of those terms in Article 121(3) of the Convention. All of the high-tide features in the Spratly Islands are therefore legally rocks for purposes of Article 121(3) and do not generate entitlements to an exclusive economic zone or continental shelf. There is, accordingly, no possible entitlement by China to any maritime zone in the area of either Mischief Reef or Second Thomas Shoal and no jurisdictional obstacle to the tribunal’s consideration of the Philippines’ Submission No. 5.[54]
  • Both Mischief Reef and Second Thomas Shoal are located within 200 nautical miles of the Philippines’ coast on the island of Palawan and are located in an area that is not overlapped by the entitlements generated by any maritime feature claimed by China. It follows, therefore, that, as between the Philippines and China, Mischief Reef and Second Thomas Shoal form part of the exclusive economic zone and continental shelf of the Philippines.[55]
Regarding alleged interference with the Philippines' sovereign rights in its EEZ and continental shelf (Submission no. 8)
  • China has, through the operation of its marine surveillance vessels with respect to M/V Veritas Voyager on 1 to 2 March 2011 breached Article 77 of the Convention with respect to the Philippines’ sovereign rights over the non-living resources of its continental shelf in the area of Reed Bank [and] that China has, by promulgating its 2012 moratorium on fishing in the South China Sea, without exception for areas of the South China Sea falling within the exclusive economic zone of the Philippines and without limiting the moratorium to Chinese flagged vessels, breached Article 56 of the Convention with respect to the Philippines’ sovereign rights over the living resources of its exclusive economic zone.[56]
Regarding alleged failure to prevent Chinese nationals from exploiting the Philippines' living resources (Submission no. 9)
  • China has, through the operation of its marine surveillance vessels in tolerating and failing to exercise due diligence to prevent fishing by Chinese flagged vessels at Mischief Reef and Second Thomas Shoal in May 2013, failed to exhibit due regard for the Philippines’ sovereign rights with respect to fisheries in its exclusive economic zone. Accordingly, China has breached its obligations under Article 58(3) of the Convention.[57]
Regarding China's actions in respect of traditional fishing at Scarborough Shoal (Submission no. 10)
  • China has, through the operation of its official vessels at Scarborough Shoal from May 2012 onwards, unlawfully prevented Filipino fishermen from engaging in traditional fishing at Scarborough Shoal.[58]
Regarding alleged failure to protect and preserve )the marine environment (Submissions no. 11 and 12(B))
  • China has, through its toleration and protection of, and failure to prevent Chinese fishing vessels engaging in harmful harvesting activities of endangered species at Scarborough Shoal, Second Thomas Shoal and other features in the Spratly Islands, breached Articles 192 and 194(5) of the Convention.[59]
  • China has, through its island-building activities at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, Subi Reef and Mischief Reef, breached Articles 192, 194(1), 194(5), 197, 123, and 206 of the Convention.[60]
Regarding occupation and construction activities on Mischief Reef (Submission no. 12)
  • China has, through its construction of installations and artificial islands at Mischief Reef without the authorisation of the Philippines, breached Articles 60 and 80 of the Convention with respect to the Philippines’ sovereign rights in its exclusive economic zone and continental shelf [and], as a low-tide elevation, Mischief Reef is not capable of appropriation.[61]
Regarding operation of law enforcement vessels in a dangerous manner (Submission no. 13)
  • China has, by virtue of the conduct of Chinese law enforcement vessels in the vicinity of Scarborough Shoal, created serious risk of collision and danger to Philippine vessels and personnel. The Tribunal finds China to have violated Rules 2, 6, 7, 8, 15, and 16 of the COLREGS and, as a consequence, to be in breach of Article 94 of the Convention.[62]
Regarding aggravation or extension of the dispute between the parties (Submission No. 19)
  • China has in the course of these proceedings aggravated and extended the disputes between the Parties through its dredging, artificial island-building, and construction activities [in several particulars itemized in the award].[63]
Regarding the future conduct of the parties (Submission no. 15)
  • Both Parties are obliged to comply with the Convention, including its provisions regarding the resolution of disputes, and to respect the rights and freedoms of other States under the Convention. Neither Party contests this.[64]

Timeline

International 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

Support for the arbitration and support for Philippines' stance
Opposition to the arbitration / Support for bilateral talks between the disputants / Support for China's stance

In May 2016, Chinese Foreign Ministry spokeswoman Hua Chunying said that there were more than 40 countries that had expressed their support for China's position.[99] In June 2016, it was reported that nearly 60 countries supported China's position. In July 2016, it was reported that more than 70 countries expressed their support for China's position.[100][101] China stressed that 7 or 8 countries cannot represent international society.[102]

One April 13, 2016, a joint press release by Chinese Foreign Minister Wang Yi and Fijian Minister for Foreign Affairs Inoke Kubuabola was published. The press release says Fiji supported China’s proposition, both countries agree that for sovereignty and maritime rights, parties should be committed to peaceful settlement and optional exceptions of the Convention should be respected.[103] On the next day, Fijian government issued a statement saying the joint press release incorrectly depicted Fijian policy and the Fijian government does not support China's proposition.[104]

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.[105] 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.[106]

During the 2015 East Asia Summit, 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.[107][108] 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.[109]

Malaysia and Vietnam, who has territorial claims in the South China Sea, as well as Australia, Indonesia, Japan, Singapore and Thailand sent observers to the proceedings.[110][111]

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.[112][113] However Australia has recognized the right of the Philippines to seek arbitration.[114]

The foreign secretary of New Zealand stated in a speech that New Zealand supports the right to seek arbitration on South China Sea disputes.[115]

ASEAN

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".[116]

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."[117] Hun Sen suggested the case was a "political conspiracy" and that the ruling "will not be fair",[118] but also said that "Cambodia will just choose to stay neutral on this issue."[117] 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.”[119]

On July 9, shortly before the tribunal issued its verdict, Cambodia's foreign ministry issued a statement reiterating that Cambodia would not join any ASEAN statement on the verdict.[120]

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.[121] 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),".[122] The EU later stressed that China should respect the ruling from the Hague.[123]

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.[124] 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.[125]

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.[126][127]

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 internationalize the dispute.[128]

After the ruling

National governments

United Nations

The United Nations says it has no position regarding either legal merits or procedural merits of the case. [137][138] The UN's International Court of Justice says it has no involvement in the case either.[139]

ASEAN

On July 25, 2016, in Vientiane, Laos, ASEAN issued the joint statement regarding the South China Sea disputeː ensure and promote the peace, stability, and security in the region.[140]

See also

References

  1. ↑ "The Republic of the Philippines v. The People's Republic of China". Permanent Court of Arbitration.
  2. ↑ https://www.pcacases.com/web/sendAttach/1503
  3. ↑ "Arbitration on South China Sea issue unilaterally initiated by Philippines unlawful: Chinese ambassador to Indonesia_China today_IISS".
  4. ↑ "UNCLOS ANNEX VII. ARBITRATION".
  5. 1 2 3 4 Chinese Society of International Law. The Tribunal’s Award in the "South China Sea Arbitration" Initiated by the Philippines Is Null and Void (Report).
  6. ↑ "PHL PRC China Note Verbale".
  7. ↑ 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 (Report).
  8. 1 2 "Philippines asks tribunal to invalidate China's sea claims". The Philippine Star. Associated Press. 2015.
  9. 1 2 "World tribunal to hear South China Sea case". Bangkok Post. 30 October 2015.
  10. 1 2 "PCA Press Release: The South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China) | PCA-CPA". pca-cpa.org. Retrieved 2016-07-12.
  11. 1 2 Perlez, Jane (2016-07-12). "Tribunal Rejects Beijing's Claims in South China Sea". The New York Times. ISSN 0362-4331. Retrieved 2016-07-12.
  12. ↑ Phillips, Tom; Holmes, Oliver; Bowcott, Owen. "Beijing rejects tribunal's ruling in South China Sea case". The Guardian. Retrieved 26 July 2016.
  13. ↑ Zannia, Neyla. "Taiwan rejects ruling on South China Sea with Taiping Island defined as 'rocks'". The Online Citizen. Retrieved 26 July 2016.
  14. ↑ "Treaty of Peace with Japan". Taiwan Documents Project. 2013. Retrieved November 19, 2013. See also: United Nations Treaty Series 1952 (reg. no. 1832), vol. 136, pp. 45–164.
  15. 1 2 Ying, Fu; Wu, Shicun (2016). "South China Sea: How We Got to This Stage".
  16. 1 2 3 4 5 "Q&A: South China Sea dispute". BBC News. May 15, 2013. Retrieved November 19, 2013.
  17. 1 2 3 4 "Spratly Islands Conflicting Claims". Global Security. 2013. Retrieved November 19, 2013.
  18. ↑ Fu, Kuen-Chen. South China Sea: Conflict Or Cooperation?.
  19. ↑ "China Voice: South China Sea arbitration lacks legal basis". Xinhua.
  20. ↑ "Wang Yi on the South China Sea Issue At the ASEAN Regional Forum".
  21. 1 2 Valencia, Mark J.; Van Dyke, Jon M.; Ludwig, Noel A. (1999). Sharing the Resources of the South China Sea. University of Hawaii Press. pp. 36–38. ISBN 9780824818814.
  22. ↑ "Declarations or Statements upon UNCLOS ratification".
  23. ↑ "Stop meddling in South China Sea dispute, Chinese diplomat demands". Xinhua.
  24. ↑ "Culture and Human Rights: Why the Tribunal Dealing with the South China Sea Dispute Should Step Aside to Make Way for a Negotiated Settlement". 15 May 2016.
  25. ↑ "The Republic of the Philippines v. The People's Republic of China". Permanent Court of Arbitration. Retrieved 2013-10-24.
  26. ↑ Del Cappar, Michaela (April 25, 2013). "ITLOS completes five-man tribunal that will hear PHL case vs. China". GMA News One. Retrieved October 24, 2013.
  27. ↑ Torode, Greg (2013-09-27). "Philippines South China Sea legal case against China gathers pace". Reuters. Retrieved 2013-10-24.
  28. ↑ "China rejects arbitration on disputed islands in S.China Sea CCTV News - CNTV English". Retrieved 2013-10-24.
  29. ↑ "DECLARATION ON THE CONDUCT OF PARTIES IN THE SOUTH CHINA SEA". Association of Southeast Asian Nations. 14 May 2012. Retrieved 14 February 2016.
  30. ↑ Ben Blanchard (24 July 2015),China also says U.S. is trying to influence Philippines' sea case Reuters.
  31. ↑ Peterson, Luke Eric (28 August 2013). "Philippines-China UNCLOS arbitration moving forward without Chinese participation". Kluwer Arbitration Blog. Retrieved 24 October 2013.
  32. 1 2 Harvey, Adam (13 July 2016). "Philippines celebrates victory in South China Sea case, despite China's refusal to accept result". ABC News. Retrieved 13 July 2016.
  33. ↑ hueviet (13 April 2016). "Water source crucial in determining status of Itu Aba".
  34. ↑ Bulletin, The Manila. "PH leaves 'Taiping Island' issue to UN".
  35. ↑ "Taiping Island deserves exclusive economic zone: president - Politics - FOCUS TAIWAN - CNA ENGLISH NEWS".
  36. ↑ "Philippines rejects invitation to Taiping: Foreign Ministry".
  37. 1 2 "South China Sea Tensions Flare as Vietnam Files Stance to Court". Bloomberg. Archived from the original on 2014-12-13.
  38. ↑ "Brunei Darussalam's Preliminary Submission concerning the Outer Limits of its Continental Shelf" (PDF). United Nations. Retrieved November 19, 2013.
  39. 1 2 "Submissions to the Commission: Joint submission by Malaysia and the Socialist Republic of Viet Nam". United Nations Division for Ocean Affairs and the Law of the Sea. May 3, 2011. Retrieved November 19, 2013.
  40. ↑ "CLCS submissions and claims in the South China Sea, by Robert C. Beckman & Tara Davenport". SouthChinaSeaStudies.org. August 11, 2011. Retrieved November 19, 2013.
  41. ↑ Esmaquel, Paterno II (July 11, 2015). "PH lawyer vs China: 'Giant slayer' who defeated US". Rappler. Retrieved July 12, 2015.
  42. ↑ "Tribunal schedules hearing on merits of PH arbitration case against China". Update.PH. 10 November 2015.
  43. 1 2 3 "Award on Jurisdiction and Admissibility 29102015". Permanent Court of Arbitration. 29 October 2015. pp. 54–57.
  44. ↑ "Press release: The South China Sea Arbitration" (PDF). Permanent Court of Arbitration. 12 July 2016. The Award is final and binding, as set out in Article 296 of the Convention and Article 11 of Annex VII.
  45. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "Award" (PDF). Permanent Court of Arbitration. 12 July 2016.
  46. ↑ PCA Award, Section V(F)(d)(277), p.116.[45]
  47. ↑ PCA Award, Section V(F)(d)(278), p.117.[45]
  48. ↑ PCA Award, Section VI(B)(5)(d)(382), p.174.[45]
  49. ↑ PCA Award, Section VI(B)(5)(d)(383), p.174.[45]
  50. ↑ PCA Award, Section VI(B)(5)(d)(384), p.174.[45]
  51. ↑ PCA Award, Section VI(C)(5)(f)(643), p.259.[45]
  52. ↑ PCA Award, Section VI(C)(5)(f)(644), p.259.[45]
  53. ↑ PCA Award, Section VI(C)(5)(f)(645), p.259.[45]
  54. ↑ PCA Award, Section VI(C)(5)(f)(646), p.259-260.[45]
  55. ↑ PCA Award, Section VI(C)(5)(f)(647), p.260.[45]
  56. ↑ PCA Award, Section VII(A)(5)(c)(716), p.286.[45]
  57. ↑ PCA Award, Section VII(B)(5)(d)(757), p.297.[45]
  58. ↑ PCA Award, Section VII(C)(5)(c)(814), p.318.[45]
  59. ↑ PCA Award, Section VII(D)(5)(e)(992), p.397.[45]
  60. ↑ PCA Award, Section VII(D)(5)(e)(993), p.397.[45]
  61. ↑ PCA Award, Section VII(E)(5)(c)(1043), p.415.[45]
  62. ↑ PCA Award, Section VII(F)(5)(d)(1109), p.435.[45]
  63. ↑ PCA Award, Section VIII(E)(4)(1181), p.464.[45]
  64. ↑ PCA Award, Section IX(D)(1201), p.469.[45]
  65. ↑ Rothwell, Donald R. (January 30, 2015). "The Arbitration between the People's Republic of China and the Philippines Over the Dispute in the South China Sea". ANU College of Law Research Paper (14-48).
  66. ↑ "Arbitration between the Republic of the Philippines and the People's Republic of China: Arbitral Tribunal Establishes Rules of Procedure and Initial Timetable" (PDF). Permanent Court of Arbitration. 27 August 2013.
  67. ↑ "Arbitration between the Republic of the Philippines and the People's Republic of China" (PDF). Permanent Court of Arbitration. 3 June 2014.
  68. 1 2 "Arbitration between the Republic of the Philippines and the People's Republic of China" (PDF). Permanent Court of Arbitration. 17 December 2014.
  69. 1 2 3 "Arbitration between the Republic of the Philippines and the People's Republic of China" (PDF). Permanent Court of Arbitration. 22 April 2015.
  70. ↑ name=PCA20150707>"Arbitration between the Republic of the Philippines and the People's Republic of China" (PDF). Permanent Court of Arbitration. 7 July 2015.
  71. ↑ "Arbitration between the Republic of the Philippines and the People's Republic of China" (PDF). Permanent Court of Arbitration. 13 July 2015.
  72. ↑ Pia Lee-Brago (5 June 2014). "Canada, Britain back arbitration". The Philippine Star.
  73. ↑ Calonzo, Andreo (26 February 2015). "PHL, France to share intel, best practices vs. terrorism". GMA News. Retrieved 29 May 2016. France also expressed support for the Philippines’ efforts to settle through international arbitration its territorial dispute with China over parts of the South China Sea, which Manila calls the West Philippine Sea.
  74. ↑ "Germany backs Philippines' position to settle territorial disputes peacefully". The Manila Times. Philippine News Agency. 20 September 2014. Retrieved 29 May 2016.
  75. ↑ Tiezzi, Shannon. "In China, Germany's Merkel Talks Trade, Syria, and South China Sea". The Diplomat. Retrieved 30 May 2016. She [German Chancellor, Angela Merkel] called the disputes “a serious conflict” and gently offered her support for a legal solution: “I am always a bit surprised why in this case multinational courts should not be an option for a solution.” Merkel also emphasized Germany’s “wish that the sea trade routes stay free and safe, because they are important for all.”
  76. ↑ "South China Sea ruling a shot in the arm for India, a damning indictment of Beijing, say experts - Times of India". Retrieved 2016-07-18.
  77. ↑ Romero, Alexis (4 December 2015). "Italy backs Philippines on UN arbitration over sea dispute". The Philippine Star. Retrieved 26 May 2016.
  78. 1 2 3 "[Reporter's notebook] How S. Korea squandered its diplomatic goodwill with China". The Hankyoreh. 24 July 2016. Retrieved 24 July 2016.
  79. ↑ Diola, Camille (1 April 2014). "Japan backs Philippines' legal move vs. China". The Philippine Star. Retrieved 29 May 2016.
  80. ↑ ABC News. "International News - World News - ABC News". ABC News.
  81. ↑ Barack Obama (16 Feb 2016). Remarks by President Obama at U.S.-ASEAN Press Conference (Speech). California, United States. Retrieved 28 Jun 2016. And we discussed how any disputes between claimants in the region must be resolved peacefully, through legal means, such as the upcoming arbitration ruling under the U.N. Convention of the Law of the Seas, which the parties are obligated to respect and abide by.
  82. ↑ Tordesillas, Ellen T. "Vietnam supports PH position on South China Sea dispute".
  83. ↑ "Pakistan reiterates its support to Beijing on 'South China Sea'". Ministry of Foreign Affairs. Retrieved 4 October 2016.
  84. ↑ "CPP Backs PM on South China Sea". Retrieved 29 June 2016.
  85. ↑ South China Sea Tensions Flare as Vietnam Files Stance to Court (archived from the original on 2014-12-13)
  86. ↑ IANS. "Cambodia not to support decision over South China Sea issue: PM". Retrieved 29 June 2016.
  87. ↑ "Kenya Backs China's Approach to South China Sea Disputes".
  88. ↑ "Government Expresses Its Position on Recent Developments in the South China Sea".
  89. ↑ "Cambodia and Myanmar in Joint Stand on South China Sea Dispute". Cambodia and Myanmar completely support the negotiation for resolving the issue of the South China Sea peacefully by the claimants’ parties
  90. ↑ "Beijing lines up diplomatic battle groups over South China Sea".
  91. ↑ "South Africa backs Chinese stance on South China Sea dispute". Retrieved 29 June 2016.
  92. ↑ "GoSL reiterates its position on the disputed South China Sea". Retrieved 29 June 2016.
  93. ↑ "GoSL reiterates its position on the disputed South China Sea". Syrian Arab News Agency. Retrieved 28 October 2016.
  94. ↑ "Wang Yi Meets with Foreign Minister Sirojiddin Aslov of Tajikistan".
  95. ↑ "Taiwan rejects arbitration on South China Sea: Foreign ministry". Radio Taiwan International.
  96. ↑ "Togo latest country to support China's stand on South China Sea issue". Global Times. SINA Corporation. 19 May 2016. Retrieved 29 May 2016.
  97. ↑ "Vanuatu supports China's proposition on South China Sea". Papua New Guinea Today. 26 May 2016. Retrieved 29 May 2016.
  98. ↑ "Putin: Russia Supports China's Stance on South China Sea". Sputnik. Retrieved 6 September 2016.
  99. ↑ "China says more than 40 countries support its stance on South China Sea dispute".
  100. ↑ "[Reporter's notebook] How S. Korea squandered its diplomatic goodwill with China".
  101. ↑ "Who Supports China in the South China Sea and Why". Retrieved 27 July 2016.
  102. ↑ "Sudan urges peaceful solution to conflicts in South China Sea". Xinhua. 28 May 2016. Retrieved 29 May 2016.
  103. ↑ "Foreign Ministry Spokesperson Hong Lei's Regular Press Conference on May 19, 2016".
  104. ↑ "Fiji doesn't support China in maritime dispute". Retrieved 29 June 2016.
  105. ↑ "India once again ticks of China over South China Sea issue". Firstpost. 8 August 2015.
  106. ↑ "Joint Communiqué of the 14th Meeting of the Foreign Ministers of the Russian Federation, the Republic of India and the People's Republic of China".
  107. ↑ "South Korea and the South China Sea: A Domestic and International Balancing Act".
  108. ↑ "Where does South Korea Stand on the South China Sea Dispute?". 2 July 2014.
  109. ↑ Asahi: US Asked Seoul to Express Support for Ruling on Beijing-Manila Sea Dispute
  110. ↑ Mina Pollmann; The Diplomat. "Amid South China Sea Tensions, Japan Strengthens Ties With Philippines, Vietnam". The Diplomat.
  111. ↑ Calleja, Niña P. "7 countries send observers to monitor PH case vs China".
  112. ↑ "Australia and the South China Sea arbitration case - The Strategist". 17 December 2015. Retrieved 29 June 2016.
  113. ↑ "Australia: Nations will respect tribunal on S China Sea". Retrieved 29 June 2016.
  114. ↑ Ben Blanchard; Tim Kelly (16 Feb 2016). "China raps Australia foreign minister ahead of Beijing trip". Reuters. Retrieved 28 June 2016. We recognize the Philippines' right to seek to resolve the matter through arbitration
  115. ↑ Murray McCully (New Zealand Minister of Foreign Affairs) (9 Mar 2016). Address to Lee Kuan Yew School of Public Policy (Speech). Singapore. Retrieved 28 Jun 2016. We also support the role arbitration can play in resolving complex disputes and we support states’ rights to access dispute settlement mechanisms. [...] We expect all parties to respect the result of the Tribunal’s ruling.
  116. ↑
  117. 1 2
  118. ↑ "Hun Sen denies Cambodia caved in to Chinese pressure on Asean statement".
  119. ↑ "CPP Backs PM on South China Sea".
  120. ↑ "Statement of the Ministry of Foreign Affairs and International Cooperation on Cambodia's Position over South China Sea".
  121. ↑ "Philippines, EU show common stance on China".
  122. ↑ "European Union sides with United States on South China Sea incident". 31 October 2015 – via Reuters.
  123. ↑ Reuters (19 April 2016). "South China Sea: Britain says court of arbitration ruling must be binding".
  124. ↑ "G7 sees need to send strong message on South, East China Sea disputes". 26 May 2016.
  125. ↑ "Chinese state media warns G7 against South China Sea 'meddling'".
  126. ↑ "Nato has 'no legal platforms' to intervene militarily in South China Sea".
  127. ↑ "NATO General Says China Should Respect Tribunal on Maritime Claim". 3 June 2016.
  128. ↑ 李珅. "SCO supports peace and stability in South China Sea".
  129. ↑ Gareth Hutchens (15 July 2016). "South China Sea: Marise Payne says Julie Bishop right to warn Beijing". The Guardian.
  130. ↑ Indrani Bagchi (12 July 2016). "South China Sea ruling a shot in the arm for India, a damning indictment of Beijing, say experts". The Times of India.
  131. ↑ Liza Yosephine (13 July 2016). "Indonesia's statement on South China Sea dissatisfying: China's experts". The Jakarta Post. Jakarta.
  132. ↑ Koya Jibiki (16 July 2016). "Abe calls on Li to abide by South China Sea ruling". Nikkei, Asian Review.
  133. ↑ "Malaysia, Singapore, Indonesia react to S. China Sea ruling". Kyodo News. ABS-CBN News. 13 July 2016.
  134. ↑ "Singapore urges respect for court ruling on South China Sea". Today online. 12 July 2016.
  135. ↑ "[Analysis] Response on South China Sea ruling shows S. Korea's fragile position". The Hankyoreh. 14 July 2016.
  136. ↑ "Vietnam welcomes Hague ruling on East Vietnam Sea disputes: foreign ministry". Tuoi Tre News. 13 July 2016.
  137. ↑ "Arbitral court not a UN agency". Retrieved 24 July 2016. The United Nations said on Wednesday it has nothing to do with the Permanent Court of Arbitration (PCA), which set up a tribunal that handled the South China Sea arbitration case the Philippines filed unilaterally in 2013.
  138. ↑ "Daily Press Briefing by the Office of the Spokesperson for the Secretary-General". Retrieved 20 July 2016. the UN doesn't have a position on the legal and procedural merits of the case or on the disputed claims.
  139. ↑ "International Court of Justice". Retrieved 24 July 2016. The International Court of Justice (ICJ) wishes to draw the attention of the media and the public to the fact that the Award in the South China Sea Arbitration (The Republic of the Philippines v. The People’s Republic of China) was issued by an Arbitral Tribunal acting with the secretarial assistance of the Permanent Court of Arbitration (PCA). The relevant information can be found on the PCA’s website (www.pca-cpa.org). The ICJ, which is a totally distinct institution, has had no involvement in the above mentioned case
  140. ↑ "Joint Statement of the Foreign Ministers of ASEAN Member States on the Maintenance of Peace, Security, and Stability in the Region". 25 July 2016. Retrieved 14 August 2016.
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