China and International Dispute Settlement : Implications of the South China Sea Arbitration

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review

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Detail(s)

Original languageEnglish
Title of host publicationCHINA AND INTERNATIONAL DISPUTE RESOLUTION IN THE CONTEXT OF THE ‘BELT AND ROAD INITIATIVE’
EditorsWenhua Shan, Sheng Zhang, Jinyuan Su
Place of PublicationCambridge, UK
PublisherCambridge University Press
Chapter12
Pages280-316
Number of pages37
ISBN (Electronic)9781108561976
ISBN (Print)9781108473392
Publication statusPublished - Feb 2021

Abstract

The South China Sea Arbitration case, brought by the Republic of Philippines on its maritime disputes with China, dealt a severe blow to China's reputation in compliance in international law. The arbitral tribunal ruled in favor of the Philippines, first on the jurisdiction and admissibility issues in October 2015, and finally on the merits in July 2016. China has not only refused to accept the tribunal’s authority, but also vigorously attacked the final award as being invalid and even illegal. This paper critically examines the different views, particularly the Chinese perspectives, on three major legal aspects of this case, including the legitimacy of the Arbitral Tribunal, whether the Tribunal had jurisdiction over the case, and whether the Tribunal erred in applying UNCLOS on certain important legal issues concerning the merits of the case, in light of the two awards (the SCS Jurisdiction Award and the Merit Award) and the relevant rules and doctrines in international law. It argues that, while the tribunal’s own legitimacy seems to be unquestionable, whether it had jurisdiction over the dispute is debatable. It further contends the final award’s interpretation and application of certain provisions of UNCLOS are problematic and possibly erroneous. On this basis, the paper discusses the implication of the arbitration on China’s attitude toward international law. In conclusion, it argues that the South China Sea Arbitration is double-edged sword in shaping China's attitude to international law.

Research Area(s)

  • South China Sea Arbitration, China, International dispute resolution, maritime dispute settlement

Citation Format(s)

China and International Dispute Settlement : Implications of the South China Sea Arbitration. / WANG, Jiangyu.

CHINA AND INTERNATIONAL DISPUTE RESOLUTION IN THE CONTEXT OF THE ‘BELT AND ROAD INITIATIVE’. ed. / Wenhua Shan; Sheng Zhang; Jinyuan Su. Cambridge, UK : Cambridge University Press, 2021. p. 280-316.

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review