Issues On Maritime Delimitation About The South China Sea Arbitration

Philippines submitted an issue about mandatory arbitration on dispute about the South China Sea Arbitration in January 2013.Both Philippines and China accepted the mandatory arbitration obligation under the UNCLOS.It is in conformity with the provisions of Convention that Philippines filed the arbitration without China's consent.However,there is some procedural defects in the case and it is beyond the adjustment range of the PCA according to Convention.The Declaration filed by China in 2006 claims that any unsettled dispute concerning sovereignty or other rights over continental or insular land territory shall be excluded from such submission.The essence of the case refers to territorial sovereignty issue among Philippines and China as well as inseparable issue about delimitation of the sea,which is beyond the scope of Convention adjustment.The South China Sea arbitration has always been the hot topic in the field of international law,Since the South China Sea is in the complex situation.Researching on AWARD ON JURISDICTION AND ADMISSIBILITY and Philippine's submissions,the paper finds the legal loopholes in China-Philippines South China Sea arbitration in perspective of maritime delimitation.The first chapter claims the definition,attribution,as well as legal status between an island and a rock under the international law,and then analyzes that,the key point,relates to the maritime delimitation.Therefore,the PCA has not jurisdiction toward to this case,since concerning the maritime delimitation,shall be excludes by the Declaration in 2006.The second chapter claims the definition,attribution,as well as legal status of low-tide elevations under UNCLOS,and introduces the concept of the tidal datum model.Finally,it concludes that the low-tide elevations also relates to the maritime delimitation.And the PCA is procedural illegal in this case.The third chapter defines Historic Rights and Nine-dash line,and introduce the origin of them.Besides,it also researches the relationship between the dispute about Historic Right and maritime delimitation,thus it draws the conclusion that the dispute concerning to Historic Right will bound to the maritime delimitation.Aiming to this case,the last chapter will put forward countermeasure to oppose the PCA and Philippines.It is legalized that China does not accept or participate in the arbitration as well.