File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The South China Sea Arbitration and Its Aftermath

On the 8th Anniversary of the landmark ruling in the SouthChina Sea Arbitration, China denounced the South China Sea arbitration as a mere political charade, accusing the Philippines of breaking mutual agreements and misusing the UNCLOS dispute mechanism. Declaring the ruling illegitimate, China pledged to staunchly defend its territorial and maritime rights, while sharply criticizing the US and its allies for allegedly exploiting the issue to exert undue pressure on Beijing.

The arbitration was a bold legal move by the Philippines, challenging China's extensive claims in the South China Sea, particularly the contentious "nine-dash line." The Philippines contended that these claims were inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS), to which both countries are signatories.

The tribunal unequivocally found that China's claims to historic rights within the nine-dash line had no legal basis under UNCLOS. Several disputed maritime features, including Mischief Reef and Second Thomas Shoal, were classified as low-tide elevations (LTEs) that do not generate territorial seas or exclusive economic zones (EEZs).

Scarborough Shoal was classified as a rock, which also does not generate an EEZ. China was found to have violated the Philippines' sovereign rights by interfering with its fishing and petroleum exploration activities, constructing artificial islands, and failing to prevent Chinese fishermen from operating in the Philippines' EEZ. The tribunal condemned China's land reclamation and construction of artificial islands for causing severe harm to the marine environment.

China's response was one of outright rejection. It declared the ruling "null and void" and refused to participate in the proceedings, arguing that the tribunal lacked jurisdiction over issues it deemed to be about territorial sovereignty. This stance has complicated efforts to resolve the disputes through international law, as the ruling, while legally binding, lacks an enforcement mechanism without China's cooperation.

Southeast Asian nations such as Vietnam, Malaysia, and Indonesia have seen their EEZ rights bolstered by the ruling. However, regional dynamics remain tense due to China's continued assertion of its claims and activities contrary to the ruling.

The ruling has received widespread support from the international community, including India, the European Union and the United States, Nevertheless, enforcing the ruling remains challenging without China's cooperation.

The ruling has clarified legal standings under UNCLOS but has not resolved the strategic and political tensions in the region. The Philippines has varied its approach over different administrations, ranging from confrontation to seeking bilateral agreements with China. The long-term impact of the ruling lies in its potential to shape international norms and influence future maritime disputes.

The Philippines v. China arbitration case has reinforced the legal framework of UNCLOS but also highlighted the limitations of international law in resolving disputes involving major powers. The ruling has significant implications for regional security, maritime rights, and international legal precedents in the South China Sea. As the world marks the anniversary of this landmark decision, the challenges of enforcement and regional stability continue to underscore the complex interplay of law and geopolitics in this vital maritime region.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly