The Republic of The Philippines V. The People's Republic of China
The Republic of The Philippines V. The People's Republic of China
The Republic of The Philippines V. The People's Republic of China
As Washington's
closest ally in the region, Australia may come under growing pressure from the United States to
make its presence felt in the South China Sea beyond statements of diplomatic support for freedom
of navigation. [2]
Since China has started building artificial island and deploying forces in the so called claimed
territory, the situation has become more complex. This lead to nervousness among other claimants
and therefore they also started building artificial islands. This situation has gained international
attention as it is very intricate.
Case Law
Facts
On 22 January 2013, the Philippines invoked arbitration against China under Part XV of UNCLOS.
The Philippines asked the Tribunal about the following concerns:(
i. Rule that UNCLOS governs the parties' rights and obligations with respect to waters,
seabed, and maritime features of the South China Sea and that China's claims to historic
rights encompassed in what China terms the "nine-dash line" are inconsistent with UNCLOS.
ii. determine whether certain maritime features claimed by both parties are islands, low tide
elevations, or submerged banks under UNCLOS, as well as whether those features are
capable of substantiating claims to an entitlement to maritime zones greater than twelve
miles, and
iii. recognize the Philippines' rights within and beyond its economic zone and continental shelf
as established under UNCLOS. [3]
China didn't appear in the arbitration proceedings by denying the legitimacy of