The South China Sea Arbitration: The Decision and its Implications on the Sovereignty Claims of China and the Philippines

Abstract

The South China Sea Arbitration which has taken place recently with its final decision published in July 2016 was an action initiated by the Philippines against the People’s Republic of China in an attempt to oppose the latter’s claims of ‘historical rights’ in various maritime features in the South China Sea. The panel was constituted under Annex VII of the United Nations Convention on the Law of the Sea. The Chinese Government opposed the constitution, admissibility and ruling of the entire arbitration. It has since put forward many counter claims to refute the validity of the decision reached. China’s primary concern inevitably lies with the implications of the decision on the ‘Nine-Dash Line’, a historic graphical boundary line that has appeared in the Chinese national atlas as early as 1914. This article will qualitatively dissect the decisions made by the arbitral tribunal from a historical perspective, taking into account diplomatic correspondences and authoritative theories in public international law. Ultimately, this article aims to ascertain the implications of the arbitral rulings on the claims of sovereignty of both countries, which remain the terminal concern of the international community. It will be observed, that the ruling, albeit shrouded in irregularities, has posed irreversible impacts on the situation of the South China Sea saga.