South China Sea Arbitration: A Landmark Ruling Reshaping Territorial Disputes

South China Sea Arbitration: A Landmark Ruling Reshaping Territorial Disputes

South China Sea Arbitration: A Landmark Ruling Reshaping Territorial Disputes

The South China Sea Arbitration of 2013-2016 was a landmark event in the continuous territorial tussles over several south-east Asian nations with China. When the Philippines decided to go straight to arbitration against the economic giant China by seeking the help of the Permanent Court of Arbitration (PCA) at The Hague to resolve the highly complex and long-standing conflicts over sovereignty and jurisdiction in the sea, it marked a milestone and avenue to achieve justice in the resource-rich South China Sea.

Background and Context:

The South China sea, an important arterial way, have been the main subject of cloth over the last several decades since it strategic place, abundance natural materials as well as emerging economic gains hidden there. With China, the Philippines, Vietnam, Malaysia, Brunei and Taiwan involved, this situation creates a scenario where these countries continue to butt heads because each of them claim different islets, reefs and waters.

A demarcation known as the “nine-dash line”, China has used to encircle most of South China sea that cut the claims of other surrounding countries. This sentence is very generalized as it is associated to different maritime borders and disregards the maritime boundary protocol of the United Nations Convention on the Law of the Sea (UNCLOS). This has caused a stir and conflicts with the nearby countries, especially the Philippines, as they argued the Chinese claim over the extensive area of nine-dash line.

The Philippines’ Legal Challenge:

The government of the Philippines under the leadership of President Benigno Aquino III started a new strategy in 2013 that considered bringing the territorial disputes matter in the international court of justice. The feature of this case was that islands were moved on the compulsory settling of disputes under UNCLOS, thus, arbitration case was started against China. The Philippines the tribunal the dispute on the propriety of China’s claims in the nine-dash line and the causes of action connected with the features in the region for decision.

China, with frustration of not being part of the hearing and the PCA’s authority, firmly prosecuted the disputes to be resolved bilaterally. China’s lack of involvement, however, did not prevent the Chinese from initiating this case at the PCA.

The PCA’s Landmark Ruling: On July the 2016th of the PCA (Palestinian Conciliation Authority) issued their sentence which the parties had been looking forward to for a long time. The tribunal clearly ratified the Philippines’ stand mentioning that there was no ground for China’s overarching position based on “historic right” assertion. The court stated that should at any moment in history China claim to assert any rights under the UNCLOS, they would still be ineffective because UNCLOS came into operation in 1992 which meant that any claim of rights not previously applicable by 1982 cease to be.

In addition to that, the judges deliberated on a range of other maritime features which are part of the South China Sea. The issue considered as to whether the land features claimed by China and the Philippines were with a big difference in that the former were rocks that neither contributed to a contiguous zone nor continental shelf. The hearing of this case has given a signal to all the parties that any violation of the maritime entitlements by any country will not be tolerated hence in future if any country flouts the rules the international community will have to respond harshly.

The Implications and Responses:

China instantly declined with the wording of the tribunal’s ruling being “null and void” and “having no binding force at all.” ” As earlier announced, the government of China continued insistently to its claims over the South China Sea, it was disregarded the ruling that went against its allegations.

Holan ang Pilipinas ng antipathy sa rulin sa karapatang panuntunan at karangalang ang pinalakutan na tanong ng malayang lipunang datos. The outcome strengthened the Philippine legal position and thereby enabled future diplomatic negotiations on the matter between both the countries.

Diverse global community, the various actors, were also keen on following on the arbitral award subsequently handed down. Numerous countries, incorporating the United States as well other Southeast Asia states, took into account the Philippines’ efforts in ensuring a non-violent conclusion and insisted on the fact that upholding international law was of vital importance.

Reshaping the Regional Landscape:

The South China Sea Arbitration’s decision was being reflected on the regional dynamics with full drawing attention. The ratification of UNCLOS in the dispute proved the weight the agreement is given in resolving maritime disputes and that peaceful settlement of conflicts through the mechanisms of international law is important.

Not only did the tribunal’s verdict inspire other implicated states in the area to pursue the same strategy and demand compensations if any wrong is done, but it also inspired all claimant states to call for fairness in law. It pushed those countries as Vietnam and Malaysia to explore legal options and this carries the message that peace solutions exist.

Nevertheless, the ensuing decision may not be considered the milestone for the tranquil environment in the South China Sea. China, by its lawyers seizure of the islands, building the artificial islands and the placing of the military logistics on them consequently continues to cause fears among other nations in the region and even the whole international community causing a lot of concerns.

Conclusion:

The South China Sea Arbitration which took place from 2013 to 2016 was an intentional move by the Philippines to get rid of their territorial disputes with other countries with the help of international law. The farsighted decision of PCA barring the expansion of the nine-dash line, over which a dispute is going on amongst the parties, marked a significant milestone on the path for the resolution of the issue. It proved that without international laws, it becomes impossible to ensure peace in the whole world, as well as to protect the ones that were set by the UNCLOS, thus prevailing the principles of the UNCLOS.

However, it didn’t make the region without problems, and the means to address them effectively are still lacking in there. The diplomatic moves concomitant with increased regional cooperation, and continued implementation of international laws should not be neglected in the quest for finding a lasting solution to the South China Sea disputes. Committed to dialogue, supporting an international rules, and avoiding violent resolutions are the only ways to realizing a favorable, peaceful, and procreative South China Sea.