Arbitral Tribunal Rules It Has Jurisdiction to Hear South China Sea Dispute (October 29, 2015) [1]
On October 29, 2015, a tribunal constituted under the United Nations Convention on the Law of the Sea [3] (Convention) decided [4] that it has jurisdiction to hear the dispute between the Philippines and China regarding some areas of the South China Sea. The Philippines initiated the proceedings, asking the tribunal to rule on China’s “historical rights” claims to the area; the status of several maritime features; as well as the compatibility of Chinese activities, such as construction and fishing, with the Convention. China has contended that the tribunal lacks jurisdiction and has refused to participate in the proceedings. According to the press release [5], the tribunal found “that both the Philippines and China are parties to the Convention and that the provisions for the settlement of disputes, including through arbitration, form an integral part of the Convention.” The tribunal also addressed whether any third parties, such as other states with claims in the South China Sea, e.g. Vietnam, were indispensable to the proceedings. It decided that “the determination of the nature of and entitlements generated by the maritime features in the South China Sea does not require a decision on issues of territorial sovereignty. The legal rights and obligations of Viet Nam therefore do not need to be determined as a prerequisite to the determination of the merits of the case.”