Legal Analysis On Jurisdiction In Arbitral Tribunal Of The South China Sea Arbitration Case

Compulsory arbitration procedure,as The Seven appendix of UNCLOS,which was being consulted,negotiated and compromised by signatories for a long time,is a unique compulsory dispute settlement mechanism.It means the parties to the dispute should accordance with the specified rules of Compulsory arbitration procedure such as the composition of the arbitration tribunal,the arbitration procedures and the rights and obligations of parties,to achieve a peaceful and effective settlement of the dispute under the unavailable upon common rules of UNCLOS.Based on it,Philippines submit unilateral applications of the dispute about the South China Sea in 2013.And the judge of the rights about The South China Sea between Philippines and China came out on July.12 in 2016.Meanwhile,there are several controversies on the applications of UNCLOS and The Seven appendix of UNCLOS.The main points of controversies concentrated on: whether the jurisdiction of the so called arbitration tribunal is legal or not;whether the composition of the arbitration tribunal and the arbitration procedures comply with the related rules of international law or not;what are the advantages and disadvantages about the China's persistent tactics of “ non-acceptance,non-recognition,non-participation”;whether the judge of substantial issues of South China Sea arbitration case by the arbitration tribunal obey the law or not;and so on.Measured by the international law,this article takes an angle of technical details,analyses the case's pros and cons of China and critical problems linked with UNCLOS and The Seven appendix of UNCLOS,to demonstrate the lacking application of the case under UNCLOS.Certainly,the article will point out the shortcomings on strategy of“abandon in case” of China at the same time.Faced with analogous cases in the later international community,the text will offer some advice at the stand of China such as posean elegant posture in international society,take an use of international law as the arms to defend China's national rights and interests.Add to these,we have to admit the international law has a variety of flaws,which need every signatory of international treats to improve and make it close to perfect.Naturally,China will contribute its own strength.