A Case For Arbitration: The Philippines' Solution for the South China Sea Dispute
Publisher: Boston College International and Comparative Law Review
Author(s): Emma Kingdon
Date: 2015
Topics: Dispute Resolution/Mediation, Land
Countries: China, Philippines
In January 2013, the Philippines submitted for arbitration a claim against the People's Republic of China for violations of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) after more than a decade of unsuccessful bilateral and multilateral negotiations over territorial claims in the South China Sea (SCS). The Philippines is one of five countries challenging China's claims of ownership over the area, rumored to be rich not only in living resources, but also in non-living resources. China responded to the claim in an unprecedented manner and refused to participate in the UN arbitration process, becoming the first state to decline taking part in an interstate arbitration under UNCLOS. The Philippines submitted its formal case to the UN arbitration tribunal of judges, an arbitral body, in March 2014 and China must submit a Counter-Memorial responding to the Philippines by December 2014.
The Philippines has three options under UNCLOS for resolving the SCS conflict. Although these proceedings default to arbitration when neither state selects a dispute resolution mechanism, the parties could agree to either adjudication or negotiation. This Note argues that arbitration would be the most effective and favorable course of action for the Philippines because a decision may be issued as early as May 2015, and its binding effect will deter China from future actions while strengthening the legal basis for other Southeast Asian states' claims in this critical area.