SOUTH CHINA SEA

ARBITRATION

PHILIPPINES vs. CHINA

• Philippines v. China (PCA case
number 2013–19), also known as the
South China Sea Arbitration, was
an arbitration case brought by the
Republic of the Philippines against
the People's Republic of China under
Annex VII to the United Nations
Convention on the Law of the Sea
(UNCLOS) concerning certain issues
in the South China Sea including the
legality of China's "nine-dotted line"
claim. 4/30/2019
 SOUTH CHINA SEA ARBITRATION
• On 19 February 2013, China declared that it would not
participate in the arbitration.
• On 7 December 2014, a white paper was published by
China to elaborate its position.
• On 29 October 2015, the arbitral tribunal ruled that it
has jurisdiction over the case, taking up seven of the 15
submissions made by the Philippines.
4/30/2019
• On 12 July 2016, the tribunal ruled in
favor of the Philippines. It clarified that
it would not "...rule on any question of
sovereignty over land territory and
would not delimit any maritime
boundary between the Parties".The
tribunal also ruled that China has "no
historical rights" based on the "nine-
dash line" map. China has rejected the
ruling, as has Taiwan.
• The arbitration involved the
Philippines and China
4/30/2019
SOUTH CHINA SEA
ARBITRATION

PHILIPPINE STANCE
 Philippine Stance
• The Philippines contended that the "nine-dotted line"
claim by China is invalid because it violates the
UNCLOS agreements about exclusive economic zones
and territorial seas. It says that because most of the
features in the South China Sea, such as most of the
Spratly Islands, cannot sustain life, they cannot be given
their own continental shelf as defined in the
convention.
4/30/2019
 Philippine Stance
• China refused to participate in the arbitration, stating
that several treaties with the Philippines stipulate that
bilateral negotiations be used to resolve border
disputes. It also accuses the Philippines of violating
the voluntary Declaration on the Conduct of Parties
in the South China Sea, made in 2002 between
ASEAN and China, which also stipulated bilateral
negotiations as the means of resolving border and
other disputes. 4/30/2019
 Philippine Stance
• China issued a position paper in December 2014
arguing the dispute was not subject to arbitration
because it was ultimately a matter of sovereignty, not
exploitation rights. Its refusal will not prevent the PCA
tribunal from proceeding with the case. After the
award ruling, the PRC issued a statement rejecting it as
'null' and having decided not to abide by the arbitral
tribunal's decision, said it will "ignore the ruling".
4/30/2019
SOUTH CHINA SEA
ARBITRATION

TIMELINE
• 22 January 2013 – Philippines served China with notification and Statement of
Claim
• 19 February 2013 – China rejected the Philippines' Notification
• 11 July 2013 – First meeting of the arbitral tribunal at The Hague
• 31 July 2013 – Philippines commented on draft Rules of Procedure for the Tribunal
• 1 August 2013 – China indicated that "it does not accept the arbitration initiated by
the Philippines"
• 27 August 2013 – Procedural Order No 1 issued via PCA Press Release on behalf
of the arbitral tribunal
• 30 March 2014 – Submission of the Philippines Memorial
• 14–15 May 2014 – Second meeting of the arbitral tribunal at The Hague
4/30/2019
• 29 May 2014 – Philippines comments on draft Procedural Order No 2
• 3 June 2014 – Procedural Order No 2 issued via PCA Press Release on behalf of the
arbitral tribunal
• 15 December 2014 – China had not filed a Counter-Memorial
• 17 December 2014 – Procedural Order No 3 issued via PCA Press Release on behalf
of the arbitral tribunal
• 16 March 2015 – The Philippines made a Supplemental Written Submission to the
Arbitral Tribunal
• 20–21 April 2015 – Third meeting of the arbitral tribunal at The Hague
• 22 April 2015 – Procedural Order No 4 issued via PCA Press Release on behalf of
the arbitral tribunal
• 7–13 July 2015 – Hearing of the arbitral tribunal at The Hague 4/30/2019
• 29 October 2015 – PCA issued the Award on jurisdiction
and admissibility
• 12 July 2016 - The tribunal of PCA gave a verdict claiming
that China has no legal basis or historic claim on the Nine-
dash line. China rejected the ruling, despite stating that all
nations should 'respect international laws'.
• There are countries and multinational bodies that have
expressed support or opposition to the Philippines' move to
take the South China Sea dispute to the Permanent Court
of Arbitration. These entities however may not necessarily
support either sides when it comes to the ownership of the
disputed area affected by the case. 4/30/2019
SOUTH CHINA SEA
ARBITRATION
BASELINE OF THE
PHILIPPINES
• The baselines of the Philippines (Filipino: Mga batayang-guhit ng
Pilipinas) are the set of geodesic lines completely encircling the
main Philippine archipelago from where the maritime entitlements
of the country are measured from. It was first established in 1961
by an act of the Congress of the Philippines which was further
amended in April 2009 to optimize and conform it to the United
Nations Convention on the Law of the Sea, which the Philippines is
a signatory to. A total of 101 basepoints providing for 100 baselines
were identified under Republic Act 9522, which identified Amianan
Island as the northernmost, Frances Reef as the southernmost,
Pusan Point as its easternmost and the Balabac Great Reef as the
westernmost points of the main Philippine archipelago. 4/30/2019