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''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 The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
against the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
(PRC) under Annex VII of the
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...
(UNCLOS, ratified by the Philippines in 1984 and by the PRC in 1996) concerning certain issues in the
South China Sea The South China Sea is a marginal sea of the Western Pacific Ocean. It is bounded in the north by the shores of South China (hence the name), in the west by the Indochinese Peninsula, in the east by the islands of Taiwan and northwestern Phil ...
, including the nine-dash line introduced by the
Republic of China (Taiwan) Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
since as early as 1947. A tribunal of arbitrators appointed the
Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that arise ...
(PCA) as the registry for the proceedings. On 19 February 2013, China declared that it would not participate in the arbitration. On 7 December 2014, it published a
white paper A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper ...
to elaborate its position that, among other points, the tribunal lacks jurisdiction. In accordance with Article 3 of Annex VII of UNCLOS, the Philippines appointed 1 of the 5 arbitrators, while China did not appoint any. On 29 October 2015, the
tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ...
concluded that it had jurisdiction to consider seven of the Philippines' submissions, subject to certain conditions, and postponed the consideration of its jurisdiction on the other eight submissions to the merits phase. On 12 July 2016, the arbitral tribunal ruled in favor of the Philippines on most of its submissions. It clarified that while it would not "rule on any question of sovereignty ... and would not delimit any maritime boundary", China's historic rights claims over maritime areas (as opposed to land masses and territorial waters) within the "nine-dash line" have no lawful effect unless entitled to under UNCLOS. China has rejected the ruling, as has Taiwan. Eight governments have called for the ruling to be respected, 35 issued generally positive statements noting the verdict but not called for compliance, and eight rejected it. The
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
itself "doesn't have a position on the legal and procedural merits of the case or on the disputed claims", and on 12 July the
Secretary-General Secretary is a title often used in organizations to indicate a person having a certain amount of authority, power, or importance in the organization. Secretaries announce important events and communicate to the organization. The term is derived ...
"expressed his hope that the continued consultations on a Code of Conduct between
ASEAN ASEAN ( , ), officially the Association of Southeast Asian Nations, is a political and economic union of 10 member states in Southeast Asia, which promotes intergovernmental cooperation and facilitates economic, political, security, militar ...
and China under the framework of the Declaration of the Conduct of Parties in the South China Sea will lead to increased mutual understanding among all the parties."


Background

The dispute has been affected by the fact that after
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
renounced all claims to the
Spratly Islands The Spratly Islands ( fil, Kapuluan ng Kalayaan; zh, c=南沙群島/南沙群岛, s=, t=, p=Nánshā Qúndǎo; Malay, id, Kepulauan Spratly; vi, Quần đảo Trường Sa) are a disputed archipelago in the South China Sea. Composed o ...
and other conquered islands and territories in the
Treaty of San Francisco The , also called the , re-established peaceful relations between Japan and the Allied Powers on behalf of the United Nations by ending the legal state of war and providing for redress for hostile actions up to and including World War II. It w ...
and Treaty of Peace with the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
(Taiwan) signed on 8 September 1951, it did not indicate successor states See also: United Nations Treaty Series 1952 (reg. no. 1832), vol. 136, pp. 45–164. since China was not invited to the treaty talks held in San Francisco. In reaction to that, on 15 August, the Chinese government issued the Declaration on the Draft Peace Treaty with Japan by the US and the UK and on the San Francisco Conference by the then Foreign Minister Zhou Enlai, reiterating China's sovereignty over the archipelagos in the South China Sea, including the Spratly Islands, and protesting about the absence of any provisions in the draft on who shall take over the South China Sea islands following Japan's renouncement of all rights, title and claim to them. It reiterated that "the Chinese government of the day had taken over those islands" and that the PRC's rightful sovereignty "shall remain intact". On 28 April 1952, the United States presided over the signing of the Treaty of Peace between Japan and the Republic of China. Article 2 of the document provided that "It is recognized that under Article 2 of the Treaty of Peace which Japan signed at the city of San Francisco on 8 September 1951 (hereinafter referred to as the San Francisco Treaty), Japan has renounced all right, title, and claim to Taiwan (Formosa) and
Penghu The Penghu (, Hokkien POJ: ''Phîⁿ-ô͘''  or ''Phêⁿ-ô͘'' ) or Pescadores Islands are an archipelago of 90 islands and islets in the Taiwan Strait, located approximately west from the main island of Taiwan, covering an area ...
(the Pescadores) as well as the Spratly Islands and the Paracel Islands." The
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
bases its claim on its geographical proximity to the Spratly Islands. In May 1956, the dispute escalated after Filipino national
Tomas Cloma The Free Territory of Freedomland was a micronation that covered the Spratly Islands in the South China Sea from 1956 to 1974. It was established by Tomás Cloma. History While China, Japan, the Philippines, and many other nations have been in th ...
and his followers settled on the islands and declared the territory as "Freedomland", now known as Kalayaan for himself and later requested to make the territory a protectorate of the Philippines. Tomas Cloma even stole China (ROC)'s national flag from the Taiping Island. In July 1956, he apologised officially for his act and he surrendered the flag he stole to China's embassy in Manila. On 2 October 1956, he wrote a letter and ensured he would not make further training voyages or landings in the territorial waters of China (ROC). Philippine troops were sent to three of the islands in 1968, when the Philippines were under President
Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...
. In the 1970s, some countries began to occupy islands and reefs in the Spratlys. The Spratlys were placed under the jurisdiction of the province of Palawan in 1978. The PRC claims it is entitled to the Paracel and Spratly Islands because they were seen as integral parts of the
Ming dynasty The Ming dynasty (), officially the Great Ming, was an Dynasties in Chinese history, imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol Empire, Mongol-led Yuan dynasty. The Ming dynasty was the last ort ...
. China and Taiwan have these same territorial claims. The
Republic of China (Taiwan) Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
took control of the largest island –
Taiping Island Taiping Island, also known as Itu Aba, and also known by various other names, is the largest of the naturally occurring Spratly Islands in the South China Sea. The island is elliptical in shape being in length and in width, with an area of . I ...
– in the group since 1946.
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
states that the islands have belonged to it since the 17th century, using historical documents of ownership as evidence.
Hanoi Hanoi or Ha Noi ( or ; vi, Hà Nội ) is the capital and second-largest city of Vietnam. It covers an area of . It consists of 12 urban districts, one district-leveled town and 17 rural districts. Located within the Red River Delta, Hanoi is ...
began to occupy the westernmost islands during this period. In the early 1970s,
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
joined the dispute by claiming the islands nearest to it.
Brunei Brunei ( , ), formally Brunei Darussalam ( ms, Negara Brunei Darussalam, Jawi alphabet, Jawi: , ), is a country located on the north coast of the island of Borneo in Southeast Asia. Apart from its South China Sea coast, it is completely sur ...
also extended its exclusive economic zone, claiming
Louisa Reef Louisa Reef ( Brunei ms, Terumbu Semarang Barat Kecil, lit=; Mandarin ) is a coral atoll in the southern reaches of the Spratly Islands. The reef is oval in shape, approximately 1.5 km (1 mile) east to west and 0.5 km (500 yards) no ...
.


Optional exceptions to applicability of compulsory procedure

Article 298 of Section 3 of Part XV of the Convention provides optional exceptions to the applicability of compulsory procedures provided in Section 2. China made a declaration in 2006 in accordance with this provision of the Convention purporting not to accept any of the procedures provided for in section 2 of Part XV of the convention. Many countries including the United Kingdom, Australia, Italy, France, Canada, and Spain had made similar declarations to reject any of the procedures provided for in sections 2 of Part XV of the convention with respect to the different categories of disputes. However, the Tribunal held that this dispute did not fall within the exceptions provided in Article 298, and was therefore admissible.


Participants

The arbitration involved the Philippines and China.


Filipino 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 sea The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potenti ...
s. 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 A continental shelf is a portion of a continent that is submerged under an area of relatively shallow water, known as a shelf sea. Much of these shelves were exposed by drops in sea level during glacial periods. The shelf surrounding an island ...
as defined in the convention. * Agent:
Office of the Solicitor General of the Philippines The Office of the Solicitor General of the Philippines ( fil, Tanggapan ng Taga-usig Panlahat), formerly known as the Bureau of Justice, is an independent and autonomous office attached to the Department of Justice. The OSG is headed by Menardo ...
* Counsel and Advocates ** Paul S. Reichler, Lawrence H. Martin and Andrew B. Loewenstein of
Foley Hoag Foley Hoag LLP (formerly Foley, Hoag & Eliot LLP) is a law firm headquartered in Boston, with additional offices in New York City, Paris, and Washington, D.C. The firm represents public and private clients in a wide range of disputes and transacti ...
** Professor Bernard H. Oxman of
University of Miami School of Law The University of Miami School of Law (Miami Law or UM Law) is the law school of the University of Miami, a private research university in Coral Gables, Florida. Founded in 1926, the University of Miami School of Law is the oldest law school in ...
** Professor Philippe Sands QC of
Matrix Chambers Matrix Chambers is a barristers' chambers in Gray's Inn London, Brussels, and Geneva. Founded in April 2000 by 22 barristers from 7 different chambers, it now has over 90 independent and specialist lawyers who work throughout the UK and interna ...
** Professor Alan Boyle of
Essex Court Chambers Essex Court Chambers is a set of commercial barristers in Lincoln's Inn Fields, central London. It has 96 tenants, of whom 45 are King's Counsels, also known as Silks. It is considered by legal commentators to be one of the 'Magic Circle' of London ...


Chinese 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 ASEAN ( , ), officially the Association of Southeast Asian Nations, is a political and economic union of 10 member states in Southeast Asia, which promotes intergovernmental cooperation and facilitates economic, political, security, militar ...
and China, which also stipulated bilateral negotiations as the means of resolving border and other disputes. 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 did not prevent the arbitral 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".


Claimants of the South China Sea


Taiwanese stance

Taiwan, which currently administers
Taiping Island Taiping Island, also known as Itu Aba, and also known by various other names, is the largest of the naturally occurring Spratly Islands in the South China Sea. The island is elliptical in shape being in length and in width, with an area of . I ...
, the largest of the
Spratly Islands The Spratly Islands ( fil, Kapuluan ng Kalayaan; zh, c=南沙群島/南沙群岛, s=, t=, p=Nánshā Qúndǎo; Malay, id, Kepulauan Spratly; vi, Quần đảo Trường Sa) are a disputed archipelago in the South China Sea. Composed o ...
, was neither consulted nor invited to the arbitration. The Philippines claimed
Taiping __NOTOC__ Taiping, Tai-p’ing, or Tai Ping most often refers to: Chinese history * Princess Taiping (died 713), Tang dynasty princess * Taiping Rebellion (1850–1864), civil war in southern China ** Taiping Heavenly Kingdom (1851–1864), the re ...
is a rock. In response,
Ma Ying-jeou Ma Ying-jeou ( zh, 馬英九, born 13 July 1950) is a Hong Kong-born Taiwanese politician who served as president of the Republic of China from 2008 to 2016. Previously, he served as justice minister from 1993 to 1996 and mayor of Taipei from ...
,
President of the Republic of China The president of the Republic of China, now often referred to as the president of Taiwan, is the head of state of the Republic of China (ROC), as well as the commander-in-chief of the Republic of China Armed Forces. The position once had aut ...
(Taiwan), rejected it as "patently false". Taipei argues that Taiping can sustain human habitation with its freshwater wells and produce, and is thus an island under UNCLOS. It had invited the Philippines and five arbitrators to visit Taiping; the Philippines rejected the invitation, and there was no response from the arbitrators. After the tribunal classified Taiping as a rock, the Presidential Office of Taiwan rejected the ruling, saying it is "not legally binding on the ROC". Legislators from the ruling and opposition parties also joined in to express their disapprovals. Taiwan's
Fisheries Agency The Fisheries Agency (FA; ) is the agency of the Council of Agriculture of the Taiwan (ROC) responsible for all matters relating to fisheries. History In May 1998, the amendment of the Regulation for the Organization of the Council of Agricultu ...
reaffirmed that its fishermen could continue to operate in the waters surrounding Taiping. The
coast guard A coast guard or coastguard is a maritime security organization of a particular country. The term embraces wide range of responsibilities in different countries, from being a heavily armed military force with customs and security duties to ...
had already deployed a vessel to the island/rock, and a naval frigate mission was scheduled in response to the ruling.


Vietnamese stance

On 11 December 2014, Vietnam filed a statement to the tribunal which put forward three points: 1) Vietnam supports the filing of this case by the Philippines, 2) it rejects China's "nine-dashed line", and 3) it asks the arbitral tribunal to take note of Vietnam's claims on certain islands such as the Paracels.


Other stances

Brunei sent its own UNCLOS claim through a preliminary submission prior to the arbitration. In May 2009, Malaysia and Vietnam, as well as Vietnam alone, filed claims to the
International Tribunal for the Law of the Sea International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
with regard to the islands . This was in relation to extending their claimed continental shelves and Exclusive Economic Zones. The People's Republic of China rejected the claims since those violate the "nine-dotted line". The Philippines challenged the Malaysian claim stating that the claims overlap with the
North Borneo dispute The North Borneo dispute, also known as the Sabah dispute, is the territorial dispute between Malaysia and the Philippines over much of the eastern part of the state of Sabah. Sabah was previously known as North Borneo prior to the formation o ...
.
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
made a comment on China's claim by saying that the features are rocks and cannot sustain life, effectively calling the Chinese claim invalid. The Philippines echoed Indonesia's claims, further stating that the islands belong to them through geographic proximity.


Arbitration

The arbitral tribunal convened a Hearing on Jurisdiction and Admissibility on 7 to 13 July 2015, rendered an Award on Jurisdiction and Admissibility on 29 October 2015, convened a hearing on the merits from 24 to 30 November 2015, and issued an inanimous award on 12 July 2016.


Hearings

On 7 July 2015, case hearings began with the Philippines asking the arbitral tribunal to invalidate China's claims. The hearings were also attended by observers from
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
,
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
,
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
,
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
and Vietnam. The case has been compared to ''
Nicaragua v. United States ''The Republic of Nicaragua v. The United States of America'' (1986) was a case where the International Court of Justice (ICJ) held that the U.S. had violated international law by supporting the Contras in their rebellion against the Sandinista ...
'' due to similarities of the parties involved such as that a
developing country A developing country is a sovereign state with a lesser developed industrial base and a lower Human Development Index (HDI) relative to other countries. However, this definition is not universally agreed upon. There is also no clear agreem ...
is challenging a permanent member of the
United Nations Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
in an arbitral tribunal. On 29 October 2015, the tribunal ruled that it had the power to hear the case. It agreed to take up seven of the 15 submissions made by Manila, in particular whether Scarborough Shoal and low-tide areas like Mischief Reef can be considered islands. It set aside seven more pointed claims mainly accusing Beijing of acting unlawfully to be considered at the next hearing on the case's merits. It also told Manila to narrow down the scope of its final request that the judges order that "China shall desist from further unlawful claims and activities." The tribunal scheduled the hearing on merits of the case from 24 to 30 November 2015.


Award on Jurisdiction and Admissibility

On 29 October 2015, the PCA published the award by the arbitral tribunal on Jurisdiction and Admissibility for the case. The tribunal found that it has jurisdiction to consider the following seven Philippines' Submissions. (Each number is the Philippines' Submissions number.) The tribunal reserved consideration of its jurisdiction to rule on Nos. 1, 2, 5, 8, 9, 12, and 14. *No.3 Philippines'position that Scarborough Shoal is a rock under Article 121(3). *No.4 Philippines' position that Mischief Reef, Second Thomas Shoal, and Subi Reef are low tide elevations that do not generate entitlement to maritime zones. *No.6 Whether Gaven Reef and McKennan Reef (including Hughes Reef) are low-tide elevations "that do not generate any maritime entitlements of their own". *No.7 Whether Johnson Reef, Cuarteron Reef, and Fiery Cross Reef do or do not generate an entitlement to an exclusive economic zone or continental shelf. *No.10 "premised on hefact that China has unlawfully prevented Philippine fishermen from carrying out traditional fishing activities within the territorial sea of Scarborough Shoal." *No.11 "China's failure to protect and preserve the marine environment at these two shoals carborough Shoal and Second Thomas Shoal" *No.13 Philippines' protest against China's "purported law enforcement activities as violating the Convention on the International Regulations for the Prevention of Collisions at Sea and also violating UNCLOS". The tribunal stated in the award that there are continuing disputes in all of the 15 submissions from the Philippines, but for submissions such as No.3, No.4, No.6 and No.7, no known claims from the Philippines prior to the initiation of this arbitration exist, and that China was not aware of (nor had previously opposed) such claims prior to the initiation of arbitration. For Submissions No.8 to No.14, the tribunal held the view that the lawfulness of China's maritime activities in the South China Sea is not related to sovereignty.


Award

On 12 July 2016, the PCA published the
award An award, sometimes called a distinction, is something given to a recipient as a token of recognition of excellence in a certain field. When the token is a medal, ribbon or other item designed for wearing, it is known as a decoration. An awar ...
by the arbitral tribunal which it states is final and binding as set out in the convention. Conclusions expressed in the award included the following: : Regarding the "Nine-Dash Line" and China's claim in the maritime areas of the South China Sea :* The NCLOSConvention defines the scope of maritime entitlements in the South China Sea, which may not extend beyond the limits imposed therein. :* China's claims to historic rights, or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the 'nine-dash line' are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China's maritime entitlements under the Convention. The Convention superseded any historic rights or other sovereign rights or jurisdiction in excess of the limits imposed therein. : Regarding the status of features as above/below water at high tide (Submissions no. 4 and 6) :* High-tide features: (a) Scarborough Shoal, (b) Cuarteron Reef, (c) Fiery Cross Reef, (d) Johnson Reef, (e) McKennan Reef, and (f) Gaven Reef (North). :* Low-tide elevations: (a) Hughes Reef, (b) Gaven Reef (South), (c) Subi Reef, (d) Mischief Reef, (e) Second Thomas Shoal. :* Hughes Reef lies within 12 nautical miles of the high-tide features on McKennan Reef and Sin Cowe Island, Gaven Reef (South) lies within 12 nautical miles of the high-tide features at Gaven Reef (North) and Namyit Island, and that Subi Reef lies within 12 nautical miles of the high-tide feature of Sandy Cay on the reefs to the west of Thitu. : Regarding the status of features as rocks/islands (Submissions no. 3, 5, and 7) :* Scarborough Shoal contains, within the meaning of Article 121(1) of the Convention, naturally formed areas of land, surrounded by water, which are above water at high tide. However, under Article 121(3) of the Convention, the high-tide features at Scarborough Shoal are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf. :* Johnson Reef, Cuarteron Reef, and Fiery Cross Reef contain, within the meaning of Article 121(1) of the Convention, naturally formed areas of land, surrounded by water, which are above water at high tide. However, for purposes of Article 121(3) of the Convention, the high-tide features at Johnson Reef, Cuarteron Reef, and Fiery Cross Reef are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf. :* The high-tide features at Gaven Reef (North) and McKennan Reef are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf. :*Mischief Reef and Second Thomas Shoal are both low-tide elevations that generate no maritime zones of their own ndthat none of the high-tide features in the Spratly Islands are capable of sustaining human habitation or an economic life of their own within the meaning of those terms in Article 121(3) of the Convention. All of the high-tide features in the Spratly Islands are therefore legally rocks for purposes of Article 121(3) and do not generate entitlements to an exclusive economic zone or continental shelf. There is, accordingly, no possible entitlement by China to any maritime zone in the area of either Mischief Reef or Second Thomas Shoal and no jurisdictional obstacle to the tribunal's consideration of the Philippines' Submission No. 5. :* Both Mischief Reef and Second Thomas Shoal are located within 200 nautical miles of the Philippines' coast on the island of Palawan and are located in an area that is not overlapped by the entitlements generated by any maritime feature claimed by China. It follows, therefore, that, as between the Philippines and China, Mischief Reef and Second Thomas Shoal form part of the exclusive economic zone and continental shelf of the Philippines. : Regarding alleged interference with the Philippines' sovereign rights in its EEZ and continental shelf (Submission no. 8) :* China has, through the operation of its marine surveillance vessels with respect to M/V Veritas Voyager on 1 to 2 March 2011 breached Article 77 of the Convention with respect to the Philippines' sovereign rights over the non-living resources of its continental shelf in the area of Reed Bank ndthat China has, by promulgating its 2012 moratorium on fishing in the South China Sea, without exception for areas of the South China Sea falling within the exclusive economic zone of the Philippines and without limiting the moratorium to Chinese flagged vessels, breached Article 56 of the Convention with respect to the Philippines' sovereign rights over the living resources of its exclusive economic zone. : Regarding alleged failure to prevent Chinese nationals from exploiting the Philippines' living resources (Submission no. 9) :* China has, through the operation of its marine surveillance vessels in tolerating and failing to exercise due diligence to prevent fishing by Chinese flagged vessels at Mischief Reef and Second Thomas Shoal in May 2013, failed to exhibit due regard for the Philippines' sovereign rights with respect to fisheries in its exclusive economic zone. Accordingly, China has breached its obligations under Article 58(3) of the Convention. : Regarding China's actions in respect of traditional fishing at Scarborough Shoal (Submission no. 10) :*China has, through the operation of its official vessels at Scarborough Shoal from May 2012 onwards, unlawfully prevented Filipino fishermen from engaging in traditional fishing at Scarborough Shoal. : Regarding alleged failure to protect and preserve the marine environment (Submissions no. 11 and 12(B)) :* China has, through its toleration and protection of, and failure to prevent Chinese fishing vessels engaging in harmful harvesting activities of endangered species at Scarborough Shoal, Second Thomas Shoal and other features in the Spratly Islands, breached Articles 192 and 194(5) of the Convention. :* China has, through its island-building activities at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, Subi Reef and Mischief Reef, breached Articles 192, 194(1), 194(5), 197, 123, and 206 of the Convention. :Regarding occupation and construction activities on Mischief Reef (Submission no. 12) :*China has, through its construction of installations and artificial islands at Mischief Reef without the authorisation of the Philippines, breached Articles 60 and 80 of the Convention with respect to the Philippines' sovereign rights in its exclusive economic zone and continental shelf nd as a low-tide elevation, Mischief Reef is not capable of appropriation. :Regarding operation of law enforcement vessels in a dangerous manner (Submission no. 13) :*China has, by virtue of the conduct of Chinese law enforcement vessels in the vicinity of Scarborough Shoal, created serious risk of collision and danger to Philippine vessels and personnel. The tribunal finds China to have violated Rules 2, 6, 7, 8, 15, and 16 of the COLREGS and, as a consequence, to be in breach of Article 94 of the Convention. : Regarding aggravation or extension of the dispute between the parties (Submission No. 14) :* China has in the course of these proceedings aggravated and extended the disputes between the Parties through its dredging, artificial island-building, and construction activities n several particulars itemised in the award : Regarding the future conduct of the parties (Submission no. 15) :* Both Parties are obliged to comply with the Convention, including its provisions regarding the resolution of disputes, and to respect the rights and freedoms of other States under the Convention. Neither Party contests this.


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 * 21 May 2014 – China comments on draft Procedural Order No 2 and observes that "it does not accept the arbitration initiated by the Philippines". * 29 May 2014 – Philippines comments on draft Procedural Order No 2 * 2 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 * 16 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 * 21 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 * 29 October 2015 – PCA issued award on jurisdiction and admissibility * 12 July 2016 – PCA issued award on merits


International reactions


Before the ruling

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.


National governments

Compiled from the
Center for Strategic and International Studies The Center for Strategic and International Studies (CSIS) is an American think tank based in Washington, D.C. CSIS was founded as the Center for Strategic and International Studies of Georgetown University in 1962. The center conducts polic ...
, the
Council of the EU The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
and the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...
, and the
Philippine Daily Inquirer The ''Philippine Daily Inquirer'' (''PDI''), or simply the ''Inquirer'', is an English-language newspaper in the Philippines. Founded in 1985, it is often regarded as the Philippines' newspaper of record. The newspaper is the most awarded bro ...
;Support for the arbitration/Denial of PRC's claim ; Opposed to arbitration ; No public confirmation of stance towards the arbitration * * * * * * *


ASEAN

Within the
Association of Southeast Asian Nations ASEAN ( , ), officially the Association of Southeast Asian Nations, is a political and economic union of 10 member states in Southeast Asia, which promotes intergovernmental cooperation and facilitates economic, political, security, militar ...
(ASEAN), Malaysia and Vietnam, who have territorial claims in the South China Sea, as well as Australia, Indonesia, Japan, Singapore and Thailand, sent observers to the proceedings. In June 2016, before the tribunal issued its ruling, Malaysia's foreign ministry released what it said was a joint statement of ASEAN expressing "serious concern" over land reclamation activities in the South China Sea. Within hours of issuing the statement, Malaysia announced that ASEAN wanted the statement retracted for "urgent amendments". Malaysian Foreign Ministry's Secretary General Othman Hashim later claimed that ASEAN's foreign ministers had "unanimously agreed" to the statement at a meeting, and that "Subsequent developments pertaining to the media statement took place after the departure of the ASEAN foreign ministers". Cambodian Prime Minister
Hun Sen Hun Sen (; km, ហ៊ុន សែន, ; born 5 August 1952) is a Cambodian politician and former military commander who has served as the prime minister of Cambodia since 1985. He is the longest-serving head of government of Cambodia, and o ...
later gave a speech condemning reports that Cambodia had had the statement retracted in order to please China, saying, "Cambodia will not be a puppet of anyone on the South China Sea issue." Hun Sen suggested the case was a "political conspiracy" and that the ruling "will not be fair", but also said that "Cambodia will just choose to stay neutral on this issue." A few days after Hun Sen's speech, the Cambodian People's Party, which Hun Sen heads, issued a statement backing him. According to the statement, "The CPP would like to reject unjust allegations that Cambodia has destroyed the issuing of a joint statement from ASEAN on the issue of the South China Sea both in Kunming recently and in 2012". On 9 July, shortly before the tribunal issued its verdict, Cambodia's foreign ministry issued a statement reiterating that Cambodia would not join any ASEAN statement on the verdict.


Australia

Australia has not sought to take a public position on the matter other than to state that the ruling of the tribunal should be respected. However, Australia has recognised the right of the Philippines to seek arbitration.


European Union

European Union encourages all parties to seek peaceful solutions, through dialogue and cooperation, in accordance with international law – in particular with the UN Convention on the Law of the Sea. A foreign affairs of the EU issued a statement saying "Whilst not taking a position on claims, the EU is committed to a maritime order based upon the principles of international law, in particular as reflected in the United Nations Convention on the law of the Sea (UNCLOS),". The EU later stressed that China should respect the ruling from the Hague.


Group of Seven

The Group of 7 (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States as well as a representation from the European Union) made a statement that the bloc should issue a "clear signal" to China's overlapping claims. European Council President
Donald Tusk Donald Franciszek Tusk ( , ; born 22 April 1957) is a Polish politician who was President of the European Council from 2014 to 2019. He served as the 14th Prime Minister of Poland from 2007 to 2014 and was a co-founder and leader of the Civic Pla ...
said on the sidelines of a summit in Ise-Shima that the bloc should take a "clear and tough stance" on China's contested maritime claims.


India

In August 2015, a junior
Minister of State Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
of India,
V K Singh General (India), General Vijay Kumar Singh, (born 10 May 1950) is an Indian politician and a former Four-star rank, four-star General in the Indian Army. He is the current Minister of State in the Ministry of Road Transport and Highways (Indi ...
, told that territorial disputes should be resolved through peaceful means as was done by India and Bangladesh using the mechanisms provided by the UNCLOS, and parties should abide by the Declaration of the Conduct of Parties in the South China Sea. In October 2015, the Foreign Minister of India
Sushma Swaraj Sushma Swaraj () (''née'' Sharma; 14 February 1952 – 6 August 2019) was an Indian lawyer, politician, and diplomat who served as the Minister of External Affairs of India in the first Narendra Modi government from 2014 to 2019. She is only ...
stated in a joint statement that India supports a peaceful settlement of the dispute. Peaceful means should be used according to the principles of international law, including the UNCLOS. In April 2016, Foreign Minister Sushma Swaraj stated in a communique that Russia, India and China agreed to maintain legal order of seas based on international law, including the UNCLOS, and all related disputes should be addressed through negotiations and agreements between the parties concerned.


New Zealand

The foreign secretary of New Zealand stated in a speech that New Zealand supports the right to seek arbitration on South China Sea disputes.


North Atlantic Treaty Organization

NATO General Petr Pavel said NATO has "no legal platform" to intervene militarily in the South China Sea territorial disputes, and NATO will not interfere in other region's issues. NATO supports any regional solutions based on political and diplomatic negotiations, "rules-based international system" and peaceful means for resolving discord.


People's Republic of China

On 14 April 2016, the Fijian government issued a statement to correct a previous media release by China and stated that the Fijian government did not support China's proposition. In May 2016, Chinese Foreign Ministry spokesperson
Hua Chunying Hua Chunying (; born 24 April 1970) is a Chinese official and former diplomat serving as spokesperson for the Ministry of Foreign Affairs of the People's Republic of China since 2012 and as the Assistant Minister of Foreign Affairs since 2021. H ...
said that more than 40 countries had expressed their support for China's position. One 19 May 2016, Foreign Ministry spokesperson Hong Lei stated that Brunei, Mozambique, and Slovenia supported China's stance for negotiations to resolve South China Sea issues. In July 2016, it was reported that more than 70 countries had called for the South China Sea dispute to be resolved through negotiations, not arbitration, although American media and think tanks have expressed doubt, with the
Center for Strategic and International Studies The Center for Strategic and International Studies (CSIS) is an American think tank based in Washington, D.C. CSIS was founded as the Center for Strategic and International Studies of Georgetown University in 1962. The center conducts polic ...
(CSIS) via its Asia Maritime Transparency Initiative (AMTI) putting the number at ten.


Shanghai Cooperation Organisation

In a statement of the
Shanghai Cooperation Organisation The Shanghai Cooperation Organisation (SCO) is a Eurasian politics, political, economy, economic and security organization. It is the world's largest regional organization in terms of geography, geographic scope and world population, population, c ...
Secretary-General Rashid Olimov on South China Sea issue, all SCO countries agreed and supported China's efforts made to safeguard peace and stability in the South China Sea. Directly concerned states should resolve disputes through negotiation and consultation in accordance with all bilateral treaties and the Declaration on the Conduct of Parties in the South China Sea (DOC), the statement said. It urged to respect the right of every sovereign state to decide by itself the dispute resolution methods, and strongly opposed outsiders' intervention into the South China Sea issue, as well as the attempt to internationalise the dispute.


South Korea

During the 2015
East Asia Summit The East Asia Summit (EAS) is a regional forum held annually by leaders of, initially, 16 countries in the East Asian, Southeast Asian, South Asian and Oceanian regions, based on the Association of Southeast Asian Nations#ASEAN Plus Three and A ...
, South Korea's President
Park Geun-hye Park Geun-hye (; ; often in English ; born 2 February 1952) is a South Korean politician who served as the 11th president of South Korea from 2013 to 2017, until she was impeached and convicted on related corruption charges. Park was the fi ...
stated that concerned parties should observe the Declaration on the Conduct of Parties in the South China Sea and that disputes should be resolved according to international law. "Korea has consistently stressed that the dispute must be peacefully resolved according to international agreements and code of conduct" and "China must guarantee the right of free navigation and flight. The ''
Asahi Shimbun is one of the four largest newspapers in Japan. Founded in 1879, it is also one of the oldest newspapers in Japan and Asia, and is considered a newspaper of record for Japan. Its circulation, which was 4.57 million for its morning edition and ...
'' reports that the United States has made an unofficial request to South Korea to express its position on the arbitration case before the ruling but South Korea reportedly turned down the request saying its difficult make a position prior to the ruling.


After the ruling


National governments

Compiled from the
Center for Strategic and International Studies The Center for Strategic and International Studies (CSIS) is an American think tank based in Washington, D.C. CSIS was founded as the Center for Strategic and International Studies of Georgetown University in 1962. The center conducts polic ...
, the
Council of the EU The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
and the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...
, and
ASEAN ASEAN ( , ), officially the Association of Southeast Asian Nations, is a political and economic union of 10 member states in Southeast Asia, which promotes intergovernmental cooperation and facilitates economic, political, security, militar ...
;Supported ruling to be respected ;Positively acknowledged ruling without any calls for compliance ;Neutral ;Opposed ruling


Statements from National governments

* : On 15 July 2016, Australian
Minister for Defence {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
,
Marise Payne Marise Ann Payne (born 29 July 1964) is an Australian politician who served in the Morrison Government as Minister for Foreign Affairs from 2018 to 2022 and as Minister for Women from 2019 to 2022. She has been a Senator for New South Wales sin ...
, and
Minister for Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between coun ...
,
Julie Bishop Julie Isabel Bishop (born 17 July 1956) is an Australian former politician who served as Minister for Foreign Affairs from 2013 to 2018 and deputy leader of the Liberal Party from 2007 to 2018. She was the Member of Parliament (MP) for Curtin ...
, stated that they regard the ruling "as final, and as binding", and urged all parties involved in the dispute to "abide by the ruling." The ministers also further described the court's ruling as "consistent" with the Australia's position on the matter. * : On 21 July 2016, Canadian
Minister of Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
,
Stéphane Dion Stéphane Maurice Dion (born 28 September 1955) is a Canadian diplomat, academic and former politician who has been the Canadian ambassador to France and Monaco since 2022 and special envoy to the European Union since 2017. Dion was Leader of ...
stated "Whether one agrees or not with the ruling, Canada believes that parties should comply with it. All parties should seize this opportunity as a stepping stone to renewed efforts to peacefully manage and resolve their disputes, in accordance with international law. Dion reiterated Canada's commitment to "the maintenance of international law and to an international rules-based order for the oceans and seas" to resolve the dispute. He also added " We are deeply concerned about regional tensions that have been escalating for a number of years and have the potential to undermine peace and stability. It is essential that all states in the region exercise restraint and avoid coercion and actions that will escalate tension". * : On 12 July 2016, China stated that it will not accept the ruling. According to the Chinese Ministry of Foreign Affairs, it states "With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the "Arbitral Tribunal"), the
Ministry of Foreign Affairs of China The Ministry of Foreign Affairs of the People's Republic of China () is the first-ranked executive department of the State Council of the Chinese government, responsible for the foreign relations of the People's Republic of China. It is led ...
solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognises it."
Xi Jinping Xi Jinping ( ; ; ; born 15 June 1953) is a Chinese politician who has served as the general secretary of the Chinese Communist Party (CCP) and chairman of the Central Military Commission (CMC), and thus as the paramount leader of China, s ...
,
paramount leader Paramount leader () is an informal term for the most important political figure in the People's Republic of China (PRC). The paramount leader typically controls the Chinese Communist Party (CCP) and the People's Liberation Army (PLA), often hol ...
of China stated that China's "territorial sovereignty and marine rights" in the seas would not be affected by the ruling. He also stated that China was still committed to resolving the dispute with its neighbours. * : On 12 July 2016, Indian ministry of external affairs stated that the country supports freedom of navigation, and urged all parties to demonstrate an utmost respect for the UNCLOS. * : On 13 July 2016, Indonesia called on all parties involved in the territorial dispute to exercise self-restraint and to respect applicable international laws. * : On 16 July 2016, Japan stated that the arbitration court's ruling "is legally binding and must be respected by all parties," thus urged Beijing to respect and comply the ruling. * : On 13 July 2016, Malaysia called for parties involved to exercise self-restraint to avoid escalating tension. The country Foreign Ministry said in a statement that "It is important to maintain peace, security and stability through the exercise of self-restraint in the conduct of activities that may further complicate disputes or escalate tension and avoid the threat or use of force in the South China Sea". * : On 12 July 2016, Singapore urged that all parties involved in the South China Sea dispute to respect the legal and diplomatic processes. * : On 13 July 2016, South Korea stated that the country supports freedom of navigation and overflight in South China Sea, and support the peaceful means in resolving dispute according to international law. * : On 12 July 2016, Vietnam immediately welcomed the arbitration tribunal ruling, thus announced that the country supports peace and order, also freedom of navigation and overflight in the region.


United Nations

The United Nations says it has no position regarding either legal merits or procedural merits of the case. The UN's
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
says it has no involvement in the case either.


ASEAN

On 25 July 2016, in Vientiane, Laos, ASEAN issued the joint statement regarding the South China Sea disputeː ensure and promote the peace, stability, and security in the region. The 36th ASEAN Summit was held virtually on 26 June 2020. Vietnam, as the Chairman of the Summit, released the Chairman's Statement. The Statement said the United Nations Convention on the Law of the Sea is “the basis for determining maritime entitlements, sovereign rights, jurisdiction and legitimate interests over maritime zones, and the 1982 UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out.”


Other reactions

The ruling was followed on 29 July by derogatory messages against the Philippines and Vietnam posted on Vietnamese computer systems by self-proclaimed Chinese hackers. In August 2016, hackers linked to the Chinese government infiltrated and extracted confidential information from the Philippines' Department of Justice and the international legal firm which had represented the Philippines at the Hague. Related attacks also occurred in July 2016. The Asia correspondent of ''
The Globe and Mail ''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
'' feels that the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
have not enforced the international court judgment over the South China Sea because of massive investment and aid from China into the Philippines after the judgment was released. It was remarked by
Justin Trudeau Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
in a 2019 election leadership debate that the pacification was accomplished through the Chinese-led
Asian Infrastructure Investment Bank The Asian Infrastructure Investment Bank (AIIB) is a multilateral development bank that aims to improve economic and social outcomes in Asia. The bank currently has 105 members, including 14 prospective members from around the world. The br ...
. On 22 September 2020, in UN Speech, the Philippine President,
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
reaffirmed the Hague ruling rejecting most of China's claims to disputed waters, and said “The award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish, or abandon.”


See also

*
Baselines of the Chinese territorial sea China declared its baselines for its maritime territory on 15 May 1996. The baselines were for the Chinese mainland and also for the Paracel (Xisha) Islands. The baselines for the mainland consist of a series of straight lines linking 49 basepoi ...
*
Baselines of the Philippines The baselines of the Philippines ( fil, mga batayang-guhit ng Pilipinas) are the set of baseline (sea), geodesic lines completely encircling the Philippine archipelago from where the maritime entitlements of the country are measured from. It was f ...
*
Territorial disputes in the South China Sea Territorial disputes in the South China Sea involve conflicting island and maritime claims in the region by several sovereign states, namely Brunei, the People's Republic of China (PRC), Taiwan (Republic of China/ROC), Indonesia, Malaysia, Ph ...
**
Scarborough Shoal standoff The Scarborough Shoal standoff refers to the tensions between the Republic of the Philippines and the People's Republic of China over the disputed Scarborough Shoal. Tensions began on April 8, 2012, after the attempted apprehension by the Philippi ...
**
Great Wall of Sand "Great Wall of Sand" is a name first used in March 2015 by US Admiral Harry Harris, who was commander of the Pacific Fleet, to describe a series of uniquely large-scale land reclamation projects by the People's Republic of China (PRC) in th ...
*
Island Chain Strategy The Island chain strategy is a strategic maritime containment plan first conceived by American foreign policy statesman John Foster Dulles in 1951, during the Korean War. It proposed surrounding the Soviet Union and China with naval bases in t ...
**
First island chain The first island chain refers to the first chain of major Pacific archipelagos out from the East Asian continental mainland coast. It is principally composed of the Kuril Islands, the Japanese archipelago, the Ryukyu Islands, Taiwan (Formosa), th ...
*
East Asian foreign policy of the Barack Obama administration President Barack Obama's East Asia Strategy (2009–2017) represented a significant shift in the foreign policy of the United States. It took the country's focus from the Middle Eastern/ European sphere and began to invest heavily in East Asian ...
* ''
Nicaragua v. United States ''The Republic of Nicaragua v. The United States of America'' (1986) was a case where the International Court of Justice (ICJ) held that the U.S. had violated international law by supporting the Contras in their rebellion against the Sandinista ...
'' * ''
Mauritius v. United Kingdom ''Mauritius v. United Kingdom'' was an arbitration case concerning the status of the Chagos Archipelago and the attempts of the United Kingdom government to create a Marine protected area, Marine Protected Area in British Indian Ocean Territory. Th ...
'' *
List of irredentist claims or disputes This is a list of irredentist claims or disputes. Irredentism is any political or popular movement that seeks to claim or reclaim and occupy a land that the movement's members consider to be a "lost" (or "unredeemed") territory from their natio ...


References


Citations


Further reading

* Harriet Moynihan (2017
China's Evolving Approach to International Dispute Settlement
Chatham House


External links

* {{Philippine territorial disputes 2013 in law 2013 in China 2013 in the Philippines South China Sea Law of the sea China–Philippines relations Permanent Court of Arbitration cases Energy law History of the Philippines (1986–present) 2016 in law 2016 in the Philippines 2016 in China History of China Xi Jinping Presidency of Benigno Aquino III Presidency of Rodrigo Duterte