Scarborough Shoal and the Spratly Islands are beyond China’s EEZ. “The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line’,” the ruling said.
What is the ruling of the Permanent Court of Arbitration in Scarborough Shoal?
At Scarborough Shoal, which has a handful of rocks that break water at high-tide, the tribunal concluded that both Chinese and Filipino fishers have the right to engage in traditional fishing regardless of who ultimately has sovereignty over the shoal.
What is the decision of the arbitral tribunal to the case of West Philippine Sea?
Six years ago, an Arbitral Tribunal constituted under the 1982 Law of the Sea Convention delivered a unanimous decision, which is final and binding on the Philippines and the PRC. In its ruling, the Tribunal firmly rejected the PRC’s expansive South China Sea maritime claims as having no basis in international law.
What is the result of the Philippine arbitration case?
On July 12, 2016, the arbitral tribunal adjudicating the Philippines’ case against China in the South China Sea ruled overwhelmingly in favor of the Philippines, determining that major elements of China’s claim—including its nine-dash line, recent land reclamation activities, and other activities in Philippine waters—
What is the decision of the tribunal on the West Philippine Sea dispute between the Philippines and China?
Accordingly, the tribunal concluded that China’s claims were contrary to UNCLOS and exceeded the geographic limits imposed by it. the EEZ or the CS of the Philippines were superseded by the maritime zones regime created by UNCLOS.
Why Philippines should claim Scarborough Shoal?
The Philippine claims to sovereignty over the features known as Scarborough Shoal and the KIG are independent of its archipelagic status both legally and historically. Because Scarborough Shoal is a feature which exists above high tide, it is capable of [sovereign] appropriation under international law.
When did Philippines win the case against China?
2016
In 2016, the Philippines overwhelmingly won a historic maritime case against China. An international arbitral tribunal declared China’s ‘nine-dash line’, which encompasses most of the South China Sea, illegal.
What was the decision of arbitral tribunal?
Scarborough Shoal and the Spratly Islands are beyond China’s EEZ. “The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line’,” the ruling said.
What is the importance of having the Permanent Court of Arbitration take charge of the dispute between China and Philippines?
The unanimous ruling of the Permanent Court of Arbitration (the “PCA” or “Tribunal”) in the dispute between the Philippines and China is a landmark decision under the United Nations Law of the Sea Convention (UNCLOS) and represents a strong rebuke of China’s expansive claims to maritime territory in the South China Sea
Does China have the right to claim West Philippine Sea?
China’s 1992 Law on Territorial Sea and Contiguous Zone declares a 12-nm territorial sea measured from its baselines. Since China’s own law limits its territorial sea to 12-nm from its baselines, China cannot claim the waters within the 9-dashed line map as its territorial sea.
What is the outcome of the arbitration process?
The arbitrator’s final decision on the case is called the “award.” This is like a judge’s or jury’s decision in a court case. Once the arbitrator decides that all of the parties’ evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.
What happens after arbitration hearing?
Sometime after arbitration, the arbitrator will decide who won. This decision must be in writing. The decision is final and binding so the parties are expected to obey the arbitrator’s decision. If they don’t, they can be sued.
When did the Philippines win the arbitration?
On 12 July 2016, the arbitral tribunal ruled in favor of the Philippines on most of its submissions.
What are the merits of the opinions given in Philippines wins Arbitration case vs China over South China Sea?
It has finally been decided that the Philippines has exclusive sovereign rights over the West Philippine Sea (in the South China Sea) and that China’s “nine-dash line” is invalid, according to the Permanent Court of Arbitration.
What is the claim of the China on Scarborough Shoal primary sources?
China claims that in 1935, China’s Map Verification Committee declared sovereignty over 132 islands, reef and shoals in the South China Sea, when Scarborough Shoal was listed as a part of what China today calls Zhongsha Islands.
What is the claim of the Philippines about the territorial dispute in the West Philippine Sea?
In Philippine law, the West Philippine Sea refers only to the portions of the South China Sea which the Philippine government claims to be part of the country’s exclusive economic zone (EEZ). The naming of the area became official through Administrative Order No.
Who claims Scarborough Shoal?
The Scarborough Shoal is claimed by the Philippines and China. On April 8, 2012, a Philippine Navy surveillance plane spotted eight Chinese fishing vessels anchored in the waters of Scarborough shoal.
Who controls Scarborough Shoal?
Scarborough Shoal is a rock in the South China Sea, approximately 120 nautical miles west of the Philippine island of Luzon. There are no structures built on Scarborough Shoal, but the feature is effectively controlled by China, which has maintained a constant coast guard presence at the feature since 2012.
What is the legal basis for the Philippines claim on the West Philippine Sea?
The Permanent Court of Arbitration (PCA) under the United Nations Convention on the Law of the Sea (UNCLOS) ruled that the Philippines has sovereign rights over WPS, and has jurisdiction over 200 nautical miles exclusive economic zone (EEZ).
Who is win China vs Philippines?
On July 16, 2016, the PCA tribunal ruled in favor of the Philippines. In a 501-page decision, the PCA said that China violated Philippine sovereignty over its EEZ and continental shelf based on the rules set forth by UNCLOS, which overrides China’s “nine-dash line” rule.
Which among this is most acceptable in Philippines wins in Arbitration case vs China over South China Sea?
An international panel of judges at the Permanent Court of Arbitration in The Hague unanimously ruled in favor of the Philippines. The judges ruled there was no legal basis for China to claim historic rights to resources within the sea areas falling within the “nine-dash line.”