The Violation Of The Doctrine Of Estoppel By The Award Of The South China Sea Arbitration

The doctrine of estoppel is an important general principle of international law,and it is of great importance for the settlement of international disputes.This thesis holds that the Award of the South China Sea arbitration is in violation of the doctrine of estoppel.The Tribunal concluded that it had jurisdiction over the South China Sea Arbitration Case,which found that resorting to the Part XV compulsory dispute settlement procedures by the Philippines did not constitute estoppel.The Tribunal did not ascertain whether the claims of the Philippines are in violation of the doctrine of estoppel in the Award on merits,which affected the legitimacy of the Award.The details of the thesis are as follows:First,the thesis discusses the concept of estoppel and the constitutive elements.Mainly based on the work of domestic and foreign scholars,the thesis introduces the concept of estoppel both in the broad and narrow sense.Combined with the results of the work of scholars such as Bowett,the thesis concludes the constitutive requirements of estoppel.Then the thesis analyses the forms of estoppel.Treaties(the broad notion)and conducts can be forms of estoppel.We can see estoppel by behavior,by acquiescence or by unilateral acts of states.Based on the academic research results,the thesis recognizes the three constitutive requirements of the doctrine of estoppel,i.e,“the meaning of the statement must be clear and unambiguous;the statement must be voluntary and authorized;Reliance in good faith upon the representation of one party by the other party to his detriment.”Second,the Tribunal decided that it had jurisdiction to consider the Philippines'Submissions No.3,4,6,7,10,11,and 13.It is violation of estoppel.The thesis systematically analyzes the Philippines' statement in the Declaration on the Conduct of Parties in the South China Sea,the text of bilateral documents between Philippines and China,the understanding submitted by Philippines.China-Philippine bilateral documents and the Declaration on the Conduct of Parties in the South China Sea agreed in a negotiated settlement of the dispute between the two sides,the statement is clear that both sides voluntarily and authorized,the Philippines violated the statement,making detriment of China which has reliance in good faith upon the statement.Philippines unilaterally initiated the arbitration and the Tribunal decided that it had jurisdiction over it constitute a violation of the doctrine of estoppel.Third,there are some faults which are contrary to the doctrine of estoppel in the Tribunal's Award on merits.Historical evidence shows that China enjoys historic rights in the South China Sea,the Philippines keep acquiescence for a long time.According to the theory of estoppel,the thesis concludes that the Philippines have violated the doctrine of estoppel by:First,the submissions to deny the historic rights of China in the South China Sea;Second,the Philippines' appeal that China illegally developed its marine biological resources.These submissions mentioned above constitute a violation of estoppel.The Tribunal failed to ascertain the essence of the Philippines's claims and did not ascertain whether these claims are in violation of the doctrine of estoppel in the Award on merits.