Philippines v China

Assessing the implications of the South China Sea arbitration

Research output: Contribution to journalArticle

Abstract

The question concerning the legality of China’s nine dash line has been the subject of arbitration proceedings at the Permanent Court of Arbitration (PCA) at The Hague. The case, which was submitted to the PCA by the Philippines for adjudication, raised issues which went beyond the main question concerning the legal status of the dash line as a maritime boundary under UNCLOS provisions. These included, inter alia, complaints concerning China’s activities within the area enclosed by the nine dash line, the status of maritime features within the maritime enclosure and alleged environmental damage caused by Chinese dredging and infrastructure building activities within the contested area. On 12 July 2016 the PCA rendered its judgment on the merits of the case. The main objective of this paper is to critically assess the implications of the PCA’s decision for the region and for the international law of the sea.
Original languageEnglish
Pages (from-to)269-285
Number of pages17
JournalAustralian Journal of Maritime & Ocean Affairs
Volume8
Issue number4
Early online date18 Oct 2016
DOIs
Publication statusPublished - 2016

Fingerprint

International law
arbitration
Dredging
Enclosures
Philippines
Law of the Sea
China
arbitration proceedings
maritime boundary
building activity
international law
legal status
legality
environmental damage
dredging
complaint
infrastructure
sea
court

Cite this

@article{5f6c1ba0db8647dc8426974fd657f153,
title = "Philippines v China: Assessing the implications of the South China Sea arbitration",
abstract = "The question concerning the legality of China’s nine dash line has been the subject of arbitration proceedings at the Permanent Court of Arbitration (PCA) at The Hague. The case, which was submitted to the PCA by the Philippines for adjudication, raised issues which went beyond the main question concerning the legal status of the dash line as a maritime boundary under UNCLOS provisions. These included, inter alia, complaints concerning China’s activities within the area enclosed by the nine dash line, the status of maritime features within the maritime enclosure and alleged environmental damage caused by Chinese dredging and infrastructure building activities within the contested area. On 12 July 2016 the PCA rendered its judgment on the merits of the case. The main objective of this paper is to critically assess the implications of the PCA’s decision for the region and for the international law of the sea.",
keywords = "South China Sea , nine dash line , maritime dispute , law of the sea, UNCLOS arbitration",
author = "Ndi, {George K.}",
note = "Accepted dates from Eprints HN 01/09/2017",
year = "2016",
doi = "10.1080/18366503.2016.1244142",
language = "English",
volume = "8",
pages = "269--285",
journal = "Australian Journal of Maritime and Ocean Affairs",
issn = "1836-6503",
publisher = "Taylor and Francis Ltd.",
number = "4",

}

TY - JOUR

T1 - Philippines v China

T2 - Assessing the implications of the South China Sea arbitration

AU - Ndi, George K.

N1 - Accepted dates from Eprints HN 01/09/2017

PY - 2016

Y1 - 2016

N2 - The question concerning the legality of China’s nine dash line has been the subject of arbitration proceedings at the Permanent Court of Arbitration (PCA) at The Hague. The case, which was submitted to the PCA by the Philippines for adjudication, raised issues which went beyond the main question concerning the legal status of the dash line as a maritime boundary under UNCLOS provisions. These included, inter alia, complaints concerning China’s activities within the area enclosed by the nine dash line, the status of maritime features within the maritime enclosure and alleged environmental damage caused by Chinese dredging and infrastructure building activities within the contested area. On 12 July 2016 the PCA rendered its judgment on the merits of the case. The main objective of this paper is to critically assess the implications of the PCA’s decision for the region and for the international law of the sea.

AB - The question concerning the legality of China’s nine dash line has been the subject of arbitration proceedings at the Permanent Court of Arbitration (PCA) at The Hague. The case, which was submitted to the PCA by the Philippines for adjudication, raised issues which went beyond the main question concerning the legal status of the dash line as a maritime boundary under UNCLOS provisions. These included, inter alia, complaints concerning China’s activities within the area enclosed by the nine dash line, the status of maritime features within the maritime enclosure and alleged environmental damage caused by Chinese dredging and infrastructure building activities within the contested area. On 12 July 2016 the PCA rendered its judgment on the merits of the case. The main objective of this paper is to critically assess the implications of the PCA’s decision for the region and for the international law of the sea.

KW - South China Sea

KW - nine dash line

KW - maritime dispute

KW - law of the sea

KW - UNCLOS arbitration

U2 - 10.1080/18366503.2016.1244142

DO - 10.1080/18366503.2016.1244142

M3 - Article

VL - 8

SP - 269

EP - 285

JO - Australian Journal of Maritime and Ocean Affairs

JF - Australian Journal of Maritime and Ocean Affairs

SN - 1836-6503

IS - 4

ER -