The International Legal Issue About That The Philippines Submits The South China Sea Dispute To Arbitration

The Philippines has taken the step of bringing China before an Arbitral Tribunal underArticle287and Annex VII of the1982United Nations Convention on the Law of the Sea(UNCLOS) on January22,2013. The Chinese Ambassador to the Philippines H.E. Ma Keqingwas summoned to the Department of Foreign Affairs of the Philippines and was handed aNote Verbale by Assistant Secretary Teresa Lazaro. The Note Verbale contains theNotification and Statement of Claim that challenges before the Arbitral Tribunal the validityof China s nine-dash line claim to almost the entire South China Sea. Under Annex VII ofUNCLOS, the arbitration process begins by notifying the other party to the dispute and givinga statement of facts. China has refused to participate in the arbitration.In the Notification and Statement of Claim, the Philippines is requesting the ArbitralTribunal to issue an Award that, among others:1.Declares that China s rights inregard to maritime areas in the SouthChina Sea, like therights of the Philippines, are those that are established by UNCLOS, and consist of its rightsto a Territorial Sea and Contiguous Zone under Part II of UNCLOS, to an EEZ under Part V,and to a Continental Shelf under Part VI;2.Declares that China s maritime claims in the SCS based on its so-called nine-dash lineare contrary to UNCLOS and invalid;3.Requires China to bring its domestic legislation into conformity with its obligationsunder UNCLOS;4.Requires that China desist from activities that violate the rights of the Philippines in itsmaritime domain in the South China Sea.Article279of the Convention requires States Parties to seek a solution by peacefulmeans in accordance with the UN Charter.Article283(1) further requires that when a disputearises between States Parties,they should proceed expeditiously to an exchange of viewsregarding a settlement by negotiation or other peaceful means.Sestion3of part XV containsoptional excepitions from jurisdiction in Article298.Such exceptions have been invoked byChina in a formal declaration dated25August2006.The exceptions conclude:concern theinterpretation or application of Articles15,74and83relating to sea boundarydelimitations;concern military activities or law enforcement activities;or concern matters overwhich the Security Council is exercising functions assigned to it by the UN Charter.Most ofthe requires of the Philippines can t be sustained by the Arbitral Tribunal,because they areconcern the exceptions.