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Philippine Arbitration against China over the South China Sea

Philippine Arbitration against China over the South China Sea * Lecturer, School of Law and Staff Member, Australian National Centre for Ocean Resources and Security ( ancors ), Faculty of Law, Humanities and the Arts, University of Wollongong, Australia. 1 Institution of Arbitral Proceedings On 22 January 2013 the Philippines initiated international arbitration against the People’s Republic of China (China) regarding its territorial and maritime dispute in the South China Sea – known as the West Philippine Sea in Manila. 1 It was a bold move which has been labeled a “game changer” in the continuing saga of longstanding conflicting claims in the South China Sea. 2 The Philippines decided to take legal action after a series of increasing aggressive behavior and provocative actions on the part of China. This included a tense standoff in April 2012 between the Philippines and China over access to Scarborough Shoal (Bajo de Masinloc) which brought tensions in the South China Sea to their highest level since the 1994 Mischief Reef incident. 2 Factual Background The Philippines asserts that China’s claim to “sovereignty” and “sovereign rights” over the maritime area within its so-called “nine dash line” encompassing around 80 per cent of the entire South China Sea has interfered with the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asia-Pacific Journal of Ocean Law and Policy Brill

Philippine Arbitration against China over the South China Sea

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Publisher
Brill
Copyright
© 2016 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
2451-9367
eISSN
2451-9391
DOI
10.1163/24519391-00101008
Publisher site
See Article on Publisher Site

Abstract

* Lecturer, School of Law and Staff Member, Australian National Centre for Ocean Resources and Security ( ancors ), Faculty of Law, Humanities and the Arts, University of Wollongong, Australia. 1 Institution of Arbitral Proceedings On 22 January 2013 the Philippines initiated international arbitration against the People’s Republic of China (China) regarding its territorial and maritime dispute in the South China Sea – known as the West Philippine Sea in Manila. 1 It was a bold move which has been labeled a “game changer” in the continuing saga of longstanding conflicting claims in the South China Sea. 2 The Philippines decided to take legal action after a series of increasing aggressive behavior and provocative actions on the part of China. This included a tense standoff in April 2012 between the Philippines and China over access to Scarborough Shoal (Bajo de Masinloc) which brought tensions in the South China Sea to their highest level since the 1994 Mischief Reef incident. 2 Factual Background The Philippines asserts that China’s claim to “sovereignty” and “sovereign rights” over the maritime area within its so-called “nine dash line” encompassing around 80 per cent of the entire South China Sea has interfered with the

Journal

Asia-Pacific Journal of Ocean Law and PolicyBrill

Published: Jun 3, 2016

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