Exploring The Jurisdiction Of The Dispute Between China And The Philippines In The South China Sea

The Philippines in the South China Sea dispute,mainly around the sovereignty over the islands and reefs and sea delimitation dispute.The dispute began in early 1950 s in Philippines,U.S.Army ignored Chinese sovereignty,without authorization will be open range Huangyan island.After more than half a century,the two countries on the South China Sea continue negotiations,but has not achieved substantial results,regardless of China's Philippines also discouraged,and make the behavior of violation of Chinese sovereignty.To establish a long-term and stable legal mechanism for the South China Sea issue is the only way to solve the South China Sea issue,but also the common needs of both sides.March 26,2013,Philippines unilaterally submit the South China Sea dispute to the international maritime law court,and the International Court of desire to force arbitration of the South China Sea dispute.At the beginning of April 2013,the Philippines in the South China Sea dispute is not submitted to the International Tribunal for the law of the sea,but according to the provisions of the "United Nations Convention on the law of the sea",and at the request of a party to the dispute in Philippines,into the dispute settlement mechanism of arbitration procedure.How the nature of the Philippines in the South China Sea issue,whether Philippines can be the Philippines in the South China Sea dispute to the International Tribunal for the law of the sea,all these legal issues need to be resolved,all these problems are caused by the applicable object of compulsory dispute settlement mechanism is not clear.China insists: the essence of the Philippines arbitration matters is part of the South China Sea Islands territorial sovereignty,"beyond the scope of convention",does not involve the interpretation or application of the "Convention";is the two countries through bilateral documents and the "South Sea" Declaration on the conduct of parties in the agreement to resolve the dispute through negotiation,Philippines Philippines unilaterally the relevant dispute arbitration in violation of international law;even the matters proposed by Philippines arbitration involving relevant "Convention" interpretation or application problems,also constitute a part of the Philippines maritime delimitation is indivisible,and Chinese has been based on "the Convention" the provisions in the 2006 statement,the issues involved in maritime delimitation.The dispute excluded arbitration compulsory dispute settlement procedures.Clear the jurisdiction of the International Court of arbitration,the provisions of the international arbitration tribunal to determine whether the behavior of violation of the "United Nations Convention on the law of the sea" is the premise and basis of arbitration Fei Nanhai the legality of the judgment,but also provides a reference to China.According to international law,countries enjoy the right to choose their own dispute resolution.The jurisdiction of any international judicial or arbitral body for disputes between States must be based on the consent of the parties,namely the "state consent principle"".In the specific international dispute settlement,the international arbitration court does not have jurisdiction over the dispute between China and the Philippines,and the arbitration of the international arbitration court can not be accepted by the Chinese side.An important topic of this paper lies in the jurisdiction of the International Court of arbitration of the boundary in where,only clear the problem can provide valuable reference for the territorial disputes in China,can also provide theoretical support for solving the similar problems,makes the theory more perfect,to provide reference for the solution similar international disputes.