Maritime disputes in the South China Sea : case study between China and the Philippines

Abstract

This thesis deals with the arbitration case over maritime disputes between China and the Philippines among the intricate disputes in the South China Sea. With the increasing conflicts between the two nations and among the other claimant states, the situation in the South China Sea is deeply concerned by the international community. Each claimant state has its own ground, of which the legitimacy needs to be examined under international law. The United Nations Convention on the Law of the Sea does provide the resolution methods for member states involved in the maritime disputes under Annex VII. However, it may not be the sole method that one claimant can use to back up its claims. The various factors including the ‘historic reasons’ need to be taken into consideration. As China and the Philippines are both member states of the Law of the Sea Convention, their claims are still bound by the law. Thus the thesis concentrates on the various aspects on this issue, not only dedicating to the legitimacy of the claim such as the nine-dash line issued by the Chinese government, but also the possible non-appearance of Chinese government in front of the Tribunal. The thesis dwells on the history of the maritime disputes as the background and then focus on the legal aspects of the claims. The author takes into account stances of both countries and gives certain recommendations as policy options for both countries on light of current situation, including the discussion on the jurisdiction of the Arbitration Tribunal over this case. Sorting out the China and the Philippine situation may shed light on the rest of the disputes in that region. The importance of the case needs no more explanation. It worth study and research for taking the right and rational policies for both sides, with the aim of maintaining the peace and stability, as well as freedom of navigation in that region, which is the major concern for many stakeholders.