Chinese Journal of International Law, Volume 15, Issue 2, June 2016, Pages 265–307, https://doi.org/10.1093/chinesejil/jmw019
China claims “historic rights” over the islands and other maritime features in the South China Sea. The Philippines contests these claims on the ground that they are incompatible with the 1982 Convention on the Law of the Sea. It initiated arbitration under Annex VII of the (UNCLOS) for a declaratory judgment to that effect. China rejected the arbitral procedure in part because of its 2006 Declaration which excludes all such disputes from the compulsory dispute settlement procedure of the Convention. This paper examines the recent award of the Arbitral Tribunal accepting jurisdiction over the some of the submissions made by the Philippines. It finds that the UN Convention on the Law of the Sea has very little to offer to decide on issues of sovereignty and associated issues of overlapping maritime entitlements.
Full text: https://doi.org/10.1093/chinesejil/jmw019