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Landmark Case

South China Sea Arbitration (Philippines v. China)

International and Comparative Law

The South China Sea Arbitration (Philippines v. China, PCA case number 2013-19) was an arbitration brought by the Republic of the Philippines against the People's Republic of China under Annex VII of the United Nations Convention on the Law of the Sea, concerning China's nine-dash line claim and other issues in the South China Sea. China declared in February 2013 that it would not participate and did not appear at any stage, though the tribunal proceeded and issued a binding award in July 2016. The tribunal held that China's historic-rights claims within the nine-dash line have no lawful basis under UNCLOS insofar as they exceed the maritime entitlements the Convention itself allows. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Decision Year
2016 1
Decision Date
2016-07-12 2
Filed Date
2013-01-22 2
Holding
China's historic-rights claims over maritime areas, as opposed to land masses and territorial waters, within the nine-dash line have no lawful effect unless they are otherwise entitled under UNCLOS; China's non-appearance did not bar the tribunal, which was empowered under Annex VII to proceed and rule on jurisdiction and the merits regardless. 1
Current Status
The award is final and binding under UNCLOS Annex VII, but China has rejected it outright and does not comply with it, so its practical effect on Chinese conduct in the South China Sea remains contested between the parties. 1
Case Status
Case Status (category)
Final 1
FAQs

Did China take part in the South China Sea Arbitration?

No, but the tribunal proceeded and ruled anyway.

No. China declared in February 2013 that it would not participate and did not appear at any stage. The tribunal nonetheless proceeded, because Annex VII of UNCLOS empowered it to rule on jurisdiction and the merits regardless, and it issued its award in July 2016.

Is the South China Sea Arbitration award binding on China?

Legally binding, but China rejects it and does not comply.

The award is final and binding under UNCLOS Annex VII, but China has rejected it outright and does not comply with it, so its practical effect on Chinese conduct in the South China Sea remains contested between the parties.
Connections

Decided By

Permanent Court of Arbitration, Courts
Source South China Sea Arbitration (Wikipedia)

In Legal System

Public International Law, Legal Systems
Source South China Sea Arbitration (Wikipedia)
In the Other Atlases

Found In

Netherlands

Also in Geography Atlas: where this subject is found.

Sources
1. South China Sea Arbitration (Wikipedia)
Wikipedia
  • Introduction
    China, PCA case number 2013-19) was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII (subject to Part XV) of the United Nations Convention on the Law of the Sea (UNCLOS, ratified by the Philippines in 1984, by the PRC in 1996, opted out from Section 2 of Part XV by China in 2006) concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947.
  • Award date - decision-year
  • Introduction
    It clarified that while it would not "rule on any question of sovereignty ... and would not delimit any maritime boundary", China's historic rights claims over maritime areas (as opposed to land masses and territorial waters) within the "nine-dash line" have no lawful effect unless entitled to under UNCLOS.
  • Non-participation section - case-status
    On 19 February 2013, China declared that it would not participate in the arbitration.
  • In Category: Landmark Cases, Category placement - in-category
  • Decided By: Permanent Court of Arbitration, Lead paragraph - decided-by
  • In Legal System: Public International Law, lead paragraph, states the instrument or body is international
    China, PCA case number 2013-19) was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII (subject to Part XV) of the United Nations Convention on the Law of the Sea (UNCLOS, ratified by the Philippines in 1984, by the PRC in 1996, opted out from Section 2 of Part XV by China in 2006) concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947.
  • In Group: Inter-American, African and Inter-State Dispute Cases, Introduction, sentence 1
    The South China Sea Arbitration (Philippines v.
View the Source
2. South China Sea Arbitration (Wikipedia)
  • Timeline, January 2013
    Philippines served China with notification and Statement of Claim
  • Timeline, July 2016
    PCA issued award on merits
View the Source

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