The South China Sea Arbitral Award: Casting Light on Article 121 of unclos

2017 ◽  
Vol 16 (2) ◽  
pp. 354-364
Author(s):  
Nulifer Oral
2018 ◽  
Vol 6 (1) ◽  
pp. 47-65
Author(s):  
Lowell Bautista

Abstract The South China Sea Arbitral Tribunal award was an overwhelming legal and moral victory for the Philippines. The arbitral tribunal categorically declared that China’s nine-dash line claim is incompatible with the UN Convention on the Law of the Sea. However, China’s defiance of the ruling and refusal to honor and implement the award pose a serious challenge to Manila’s victory. In addition, the astonishing shift in Philippine foreign policy direction, alongside the change in government, flouts the arbitral award and undermines previous State policies assertive of Philippine maritime and territorial claims in the South China Sea. The current direction of Philippine-China relations under Philippine President Rodrigo Duterte has demonstrated positive signs of improvement compared with acrimonious bilateral relations pursued by the previous Aquino administration. The arbitral award has largely been set aside in the government’s effort to restore amicable economic and diplomatic relations with China. This paper examines the South China Sea arbitral award amidst shifting Philippine foreign policy under the administration of President Rodrigo Duterte.


2017 ◽  
Vol 16 (2) ◽  
pp. 275-295
Author(s):  
Naila Maier-Knapp

The arbitral award in 2016 has had a positive impact on the credibility of the Philippines and other Southeast Asian claimant countries in the South China Sea. However, questions about China’s divisive influence in the neighbourhood remain more relevant than ever and necessitate inquiry into the use and utility of dialogue on non-traditional security (NTS) issues in building confidence in times of low confidence, with specific reference to the period of the arbitration process and ruling.


AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 279-284
Author(s):  
Nilufer Oral

The Arbitral Award handed down by the Permanent Court of Arbitration (PCA) on 12 July 2016 in In the Matter of the South China Sea Arbitration between the Republic of the Philippines and the People’s Republic of Chinais undoubtedly one of the most anticipated decisions in recent memory.


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