The Study Of Arbitration Of Jurisdiction On The Case Of The South China Sea Disputes Between China And Philippine

In 2003, Philippine submit the South China Sea Disputes between China and Philippine to international arbitration. But according to the rules in the United Nations Convention on the Law of the Sea and the facts, the arbitration court Philippine has applied to has no Jurisdiction on South China Sea Disputes, and the main reasons are listed in the following :Firstly, Philippine’s appeal is not within the jurisdiction of arbitration court.Philippine’s appeal actually focus on three core problems as follows: legitimacy of historic rights of nine dash line,maritime delimitation problem, judgment of legal status on islands and reefs, however all of the three are not applicable to United Nations Convention on the Law of the Sea.Secondly, bilateral treaties signed by China and Philippine and Declaration on the conduct of parties in the South China Sea has excluded the disputes from applying to the jurisdiction of arbitration court. Bilateral treaties signed by China and Philippine and Declaration on the conduct of parties in the South China Sea both have legal power on China and Philippine, treaty obligations made by both sides through consultation and negotiation has also excluded the application of UNCLOS’s compulsory settlement procedures.Thirdly, Philippine has not fulfill obligations of exchanging views. This act does not meet the preposed procedure conditions to start the arbitration procedure made by No.283 of the UNCLOS.At last, preserved announcement made by China in 2006 has also excluded the jurisdiction of UNCLOS dispute-settled organization on maritime delimitation and historic rights disputes.