Study On The Procedure Problems In The Case Of Philippines V. China

South China Sea is located in the south China Sea continental margin, and is surrounded by the Chinese mainland, China Taiwan Island, Philippine Islands, Greater Sunda Islands and Indochina. South China Sea disputes mainly refer to reefs, beaches and seas divide ownership issues among neighboring countries in the South China Sea. South China Sea problem between China and neighboring countries has been the problem hard to be resolved, which not only affecting the relations between China and neighboring countries such as Vietnam, the Philippines, Malaysia and neighboring countries, but also affecting the relationship between China and the United States and other major powers. With the importance of the South China Sea, South China Sea resources gradually being recognized by neighboring countries, coastal countries to claim to the South China Sea is gradually strong, resulting in many conflict between China and neighboring countries. China has been advocated diplomatic negotiations to resolve the South China Sea dispute, so that the parties can put aside disputes and jointly develop resources in the South China Sea, but the effect is not ideal, parties to the conflict continues to intensify. All the South China Sea issues, the disputes between China and the Philippines on the South China Sea islands and reefs are of particularly intense part. In 2013, Philippines submitted the dispute to Arbitration under Annex VII to the United Nations Convention (UNCLOS) on the Law of the Sea, "with respect to the dispute with China over the maritime jurisdiction of the Philippines in the West Philippine Sea." On 19 February 2013, China presented a Note Verbale to the Philippines in which it described "the Position of China on the South China Sea issues," and rejected and returned the Philippines’Notification. Currently, Arbitral Tribunal has been constituted. The Chinese foreign ministry was authorized to release a position paper of the government on the matter of jurisdiction in the South China Sea arbitration initiated by the Republic of the Philippines on December24,2014, subsequently reiterate that China will neither accept nor participate in the arbitration thus initiated by the Philippines. This article focuses on the study of the arbitration programs of the disputes between China and the Philippines on the South China Sea islands, to seek legal basis for China’s rejection of arbitration and provide China’s sovereignty and maritime rights and interests of the South China Sea.The paper can be divided into three parts, including the introduction, the text and the conclusion. The text includes five sections.The first section introduces the current progress of the arbitration between the Philippines and China, and analyzes the basis and claims the Philippines addressed. The composition of the arbitral tribunal and China’s stance are also introduced in this section.The second section introduced the rules of settlement of Disputes under UNCLOS, especially analyzes the rules under Annex VII to UNCLOS.The third section expounds the reasons and basis of international law that China shall not be involved in the arbitration.The forth section describes the proceedings when a party doesn’t participate in the trial, and the analysis of America practice in the case of Nicaragua v. United States.The fifth section analyzes the trend of the arbitration and strategies China could adopt.