Research On Legal Issues Of China VS. Philippines South China Sea Arbitration Case

As we all know,China is the first country who have discovered the islands of the South Sea and have jurisdiction upon them.However,as the exploration and development of the abundant oil resources in South China Sea from the 1930 s,the counties around South China Sea began cast greedy eyes on them,and even constantly harassed the islands,especially the Philippines.The essence of the Philippines and China’s dispute in the South China Sea lies in both territorial sovereignty and economic interest.That why the dispute produced.In 2013,Philippines regardless of China’s opposition and filed for arbitration to the International Tribunal for the Law.The establishment of the relevant arbitral tribunal based on Annex Ⅶ of the United Nations Convention on the Law of the Sea.China vs. Philippines South China Sea Arbitration Case is a hot event in International Society in recent years.This paper will combine actual situation of this case to International theory,and use many legal research methods.This paper will illustrate the legal issues of China vs. Philippines South China Sea Arbitration Case from four parts,such as background of the South China Sea Arbitration Case,if the Arbitral Tribunal has jurisdiction in the South China Sea Arbitration Case,analysis of the demands of the Philippines,strategies of China cope the South China Sea Arbitration Case.China has already indicated the position that didn’t accept arbitration.The central mission of this paper is demonstrate Arbitral Tribunal has no jurisdiction by many ways.At present,domestic scholars have already demonstrate this proposal from many respects,including prerequisite of Arbitral Tribunal has jurisdiction,retention of compulsory arbitration and the nature of arbitration and so on.This paper will comprehensive analysis of Philippines’ 13 appeal which are preposed in “On the West Philippine Sea notifications and advocated ”based on the above argument.Not only analysis the relevance between Philippines’ real appeals and its written appeals,but also analysis Philippines’ essential appeals,and judge Arbitral Tribunal has no jurisdiction.In December 7,2014,Ministry of Foreign Affairs publish “Position Paper of the Government of the People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines ”,Chinese Government has reiterated that it will neither accept nor participate in the arbitration unilaterally initiated by the Philippines.The dispute of China vs.Philippines South China Sea involves legal issues,politics and diplomatic issues.China has faced plenty of problems in China vs. Philippines South China Sea Arbitration Case.Although China advocate solve this dispute via peace way,it isn’t mean China give up the other ways.Using legal way to solve International disputes is a attitude that a power country should to show.At the last of this paper,put forward some legal recommendations so that China can deal with China vs. Philippines South China Sea Arbitration Case.