Arbitration Case Of The Philippines Against China In Illinois
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On July 12, 2016, the arbitral tribunal adjudicating the Philippines' case against China in the South China Sea ruled overwhelmingly in favor of the Philippines, determining that major elements of China's claim—including its nine-dash line, recent land reclamation activities, and other activities in Philippine waters— ...
In 2012, China seized Scarborough Shoal from the Philippines following a two-month standoff, and in recent years, Chinese coastguard and maritime militia vessels have attempted to block boats supplying food and water to troops garrisoned on a Filipino ship deliberately grounded on Second Thomas Shoal in 1999.
On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China under Annex VII to the United Nations Convention on the Law of the Sea (the “Convention”).
In 2016, the Permanent Court of Arbitration issued a decision confirming that the Philippines has sovereign rights over its 200 miles Exclusive Economic Zone (EEZ) in the West Philippine Sea.
On 29 October 2015, the PCA published the award by the arbitral tribunal on Jurisdiction and Admissibility for the case. The award favored the Philippines on most of its contentions. The tribunal found that it has jurisdiction to consider the following seven Philippines' Submissions.
Bilateral ties took a downturn when the Philippine government filed an arbitration case against China under the United Na-tional Convention on the Law of the Sea (UNCLOS) in January 2013 challenging the legality of China's nine-dash line claim over the contested waters.
The existing PRC Arbitration Law requires a valid arbitration agreement to include a specific designation of an arbitration commission (Article 16). The law further sets out stringent requirements on the establishment of an “arbitration commission” in China at the provincial and municipal levels (Article 10).
The PCA is an intergovernmental organization with 124 Contracting Parties.
Philippines-China relations have lately been dominated by the territorial disputes in the West Philippine Sea, which has escalated since the naval standoff over the Scarborough Shoal in April 2012 and aggravated by issues of Chinese illegal occupation, unlawful establishment of infrastructures, and incidents of ...