Applicability Of UNCLOS Compulsory Arbitration Procedures In China’s South Sea Arbitration Case

China’s South Sea islands, since ancient times, is an integral part of our sacred territory, which has sufficient historical and legal basis. Since the 1970s, driven by many factors, Vietnam, Malaysia, the Philippines, and other neighboring countries, a total occupation of the China Nansha Islands 43 reefs, which Vietnam 29, the Philippines 8, Malaysia 5. In addition, Indonesia also claims to have 50,000 square kilometers of sea area of Nansha, and the establishment of 200 mile exclusive economic zone. Since the emergence of the China’s South dispute and the relevant national sovereignty on reefs and marine rights and interests. In order to create a favorable environment for the development and maintenance of regional stability, for some time, China in the China’s South issue has always maintained restraint and adopting defend the status quo Policy. In recent years, part of the parties to the China’s South dispute, the intention to seize the rise of China will not yet fully rise of the "opportunity" and the US return to Asia to give the "window period", and constantly create disturbances, complicated by the China’s South issue, expanding internationalization in an attempt to take the real vested interests. Series of issues surrounding the China’s South disputes arising from one piece to make peace, friendship, cooperation becomes global sea hot spots.January 22,2013, the Philippines note China, he said according to the provisions of the 1982 "International Convention on the Law of the Sea" (hereinafter referred to as "the Convention") 287 and Annex VII, in the China’s South Sea dispute between China and the Philippines(hereinafter referred to as "China’s South Sea Dispute") instituted compulsory arbitration program, through "legal means" to China’s territorial sovereignty and maritime rights and interests in the China’s South make sound cable. China to the Philippines on the China’s South territorial sovereignty and maritime rights and interests unilaterally instituted compulsory arbitration procedure expressed "does not participate, do not accept" position, and with the December 2014 release, Position Paper of the Government of the PRC on the Matter of Jurisdiction in the South China sea Arbitration Initiated by the Philippines (hereinafter referred to as "Position Paper") systematically expounded China’s position from three aspects demonstrated the arbitral tribunal" China’s South Sea arbitration case between China and the Philippines (hereinafter referred to as "China’s South Sea Arbitration")"no jurisdiction. October 29,2015, the Permanent Court of Arbitration ruling "is competent to hear the proceedings the Philippines the China’s South sovereignty dispute raised." At present, "China’s South Sea Arbitration" has entered the substantive issues and the legal basis of the trial stage. The first quarter of this year or the first half of the Permanent Court of Arbitration will be "China’s South Sea Dispute" decision.South China Sea Islands Territory Sovereignty "political uncertainty" and the Permanent Court of Arbitration on the "China’s South Sea Arbitration" final ruling "legal certainty" squeezed "China’s South Sea Arbitration" exposition space. This paper attempts to sort out these two uncertainties, demonstration, and discrimination, which is a non-Review, real and ought.This article points Introduction (Chapter 1) in the structure, the present theory (Chapter 5 to Chapter 2), the conclusions (Chapter 6), and annex (Annexes 1 to 3) in four parts.Introduction mainly focused on three issues, namely the significance of the topic, research methods, and research status. Through the introduction, improving on the China’s South Sea Dispute and "China’s South Sea Arbitration" understanding, but also a tool to determine the comprehensive, objective research topics, accumulated material.The theory is divided into four parts. The first part (Chapter 2) outlined in the China’s South Sea Dispute origin clearly China’s sovereignty over the Nansha Islands and its affiliated waters unquestionable historical and legal basis. The second part (Chapter 3) analyzes the content of compulsory arbitration procedures, performance limitations that apply, obtain compulsory arbitration, where applicable, must at least meet the scope of the case, the pre-processes, and the other three parties to the dispute the scope of reservations limiting aspect of the condition. The third part (Chapter 4) from the point of view ought arbitral tribunal "China’s South Sea Arbitration" jurisdiction, that the arbitral tribunal does not have jurisdiction on the China’s South Sea Dispute, the arbitral tribunal inadmissible "China’s South Sea Arbitration". The fourth part (Chapter 5) to the Court of Arbitration on "China’s South Sea Arbitration" jurisdiction and admissibility ruling with a brief review, believes that the decision of the arbitral tribunal on the many arguments not realistic, hurt the credibility of international justice.Conclusions divided into three parts. The first part of the motivation from external conditions, internal needs three aspects of the Philippines filed arbitration timing, that the Philippines filed" China’s South Sea Arbitration" seize the opportunity, but not necessarily consensus Philippine society as a whole. The second part analyzes "China’s South Sea Arbitration" affect China, the China’s South and other neighboring countries on the situation in the China’s South, the China’s South that the arbitration case in other neighboring countries have a negative demonstration effect, confuse the situation in the China’s South at the same time, the impact on China’s relative limited. The third part presents five initiatives to make the China’s South issue China’s position in favor of changing the direction to be taken, including promote the "South China Sea Code of Conduct", maintain strategic focus, expanding international exchanges, enhance mutual trust and regional, mutual benefit and win-win.Annex is divided into three parts. The first part is "China’s South Sea Arbitration" Chronicle, combing through important events in on the "China’s South Sea Arbitration" in a more intuitive understanding of the ins and outs. The second part of the documentary is the situation in the China’s South, through the China’s South has collected over the past year occurred in the main event and the world’s public opinion views the China’s South, from a dynamic point of view in order to facilitate a more three-dimensional, pluralistic understanding of the China’s South issue. The third part of the China’s South islands briefly actual control situation, from a static point of view in order to facilitate a whole, fully understand the situation in the China’s South.