Philippines and Arbitral Tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) versus China.


Regional Hegemon v International Rule of Law:

Philippines and the UNCLOS Permanent Court of Arbitration ruling over China's Ten Dash Line A2AD claims. This is where the international rule of law will be challenged by ancient empires of traditional Superpowers like China who have always considered their size and cultural influence to supercede modern day international laws that have only been created within this century.

The League of Nations and the United Nations were modern International Organisations that have only existed in just over a century whereas China as an Asian miitary and political Regional Hegemon has always maintain their hegemonic influence throughout the South China Sea region. More so in the 21st century whereby China's regional military and political Hegemony has become comparable and even more powerful than the United States of America and will NEVER accept the verdict made by the International Maritime Arbitration Authorities regarding the South China Sea and in particular regarding the Philippines claims on the 200NM enveloping the Scarborough Shoals and especially the Malampaya East 1 oil rig and the Philippines claim to extract the Philippine Sea oil underneath the sea floor.

China will challenge the International Rule of law by making their own claims, moving the Goal Posts of Maritime laws according to China's Regional Hegemonic needs. This challenge to the Maritime Authorities will destabilise the International rule of law not dissimilar to the American abrogation and withdrawal from other United Nations Bodies in dissent to what the Americans consider as overt globalisation influence over American National Security interests. Likewise, with this America First Approach to internationalism and Globalisation, China First, also pivots China's self interests ahead of the International Rule of Laws, especially pertaining to the Maritime rule of law regarding the Philippines 220 nautical miles economic exclusive zones that overlaps Chinese shipping lanes, fishing waters for 1.4 billion Chinese citizens, gas and oil fields, and other essential maritime concerns that is undermined by regional partners and rivals. Vietnam, Malaysia, Indonesia, and the Philippines have asserted their maritime boundary claims that impinges upon the regional spheres of influence by the most significant regional Hegemonic power that will undoubtedly create regional tensions. Will not hold water As convincing as the International Maritime Arbitration Authorities rules based orders may have global recognition, likewise, with the Russian claims over the Donbass and Crimean Territories under military contention during the current Russo Ukrainian War, the Chinese will also not accept the current UNCLOS and Maritime ruling in 2016 and the current Philippines International Maritime boundary claims that will gradually erode the Regional preeminence of the Chinese power resouces and sphere of influence by a much smaller and weaker Regional partner due to their geographic possessions. The current Philippines Maritime claims within the Chinese Ten Dash Line, and the A2AD exclusive zones will not hold water and will more than likely lead to imminent clashes and perhaps a large scale regional war between China and the Philipines in the near future.

Permanent Court of Arbitration: United National

The South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China


The primary authority that decided on the merits of the Philippines' maritime claims against China is an Arbitral Tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS). The proceedings were administered by the Permanent Court of Arbitration (PCA) in The Hague. 
Key Details Regarding the Decision:
  • The 2016 Ruling: On July 12, 2016, the Tribunal issued a final and binding decision that largely favored the Philippines, ruling that China's "nine-dash line" and claims to historic rights have no legal basis under UNCLOS.
  • Jurisdiction: The tribunal confirmed the Philippines' sovereign rights over its 200-nautical-mile Exclusive Economic Zone (EEZ) and continental shelf. It also ruled that many features in the Spratly Islands are "low-tide elevations" or "rocks" that do not generate an EEZ.
  • Scope Limitation: The tribunal did not rule on sovereignty over land features (who owns which island) or maritime boundary delimitation, as these were outside its jurisdiction.
  • Compliance: While the ruling is binding, China has maintained a position of non-acceptance and non-participation, continuing to challenge the Philippines in the West Philippine Sea. 
Domestic Legal Affirmation:
  • Philippine Maritime Zones Act: To solidify these international legal wins, President Ferdinand Marcos Jr. recently signed the Philippine Maritime Zones Act (Republic Act No. 12064), which codifies the 2016 Arbitral Award into domestic law, defining the country's maritime zones in accordance with UNCLOS.
  • National Maritime Council: The Philippines utilizes the National Maritime Council (NMC) and the Department of Foreign Affairs to assert these rights based on the 2016 ruling. (Permanent Court of Arbitration, UNCLOS)

Tim Tufuga
Source:

1. ASEAN Analytics, Youtube.com, https://youtu.be/dAfQ7ddeFdg?si=SNHHf9iVHJCUL0MA 

2. Permanent Court of Arbitration, UNCLOS, https://pca-cpa.org/es/cases/7/

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