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South China Sea FAQ ep12: Why does Beijing reject Manila's arbitration case?


06-28-2016 12:46 BJT

Full coverage: South China Sea Is Indisputable Part of China

The requests raised by the Philippines in the arbitration case are, in essence, about territorial sovereignty and maritime demarcation.

Territorial issues are subject to general international law, not UNCLOS, which means the Arbitral Tribunal is not in a position to exercise jurisdiction.

In 2006, China made declaration on optional exceptions in accordance with Article 298 of UNCLOS and does not accept third-party compulsory settlement procedure.

That’s to say the initiation of the arbitration case by the Philippines is a violation in itself and the Arbitral Tribunal should not take this case.

Whatever arbitration is made will touch on the disputes of territorial sovereignty and maritime demarcation and goes beyond the authority of the Arbitral Tribunal and therefore constitutes a willful expansion and abuse of power in nature.

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