Latest News
The South China Sea Arbitration Award: 5 Years and Beyond
The South China Sea Arbitration Award: 5 Years and Beyond
The Arbitral Tribunal established under Annex VII of the 1982 Convention on the Law of the Sea rendered a final award on the South China Sea arbitration dispute on July 12, 2016. (The Award). Since then, this historic judgment has sparked several legal debates and is widely seen as establishing a legal framework for different ways countries in the South China Sea.
In many respects, the Award and its conclusions have aided the evolution of international maritime law and enhanced the legal discussion on South China Sea problems. It has provided a legal basis for all relevant governments to reconsider their South China Sea views and actions.
After a time of prudence and downplaying its success in the South China Sea arbitration, Manila has gradually come to accept the Award's significance.
The Award contributed to reducing the regions of contention in the South China Sea by stating that marine features in the Spratly Islands group could not produce exclusive economic zones (EEZs) or continental shelves.
The Award seemed to have influenced Malaysia's decision to file a partial submission with the United Nations Commission on the Limits of the Continental Shelf on December 12, 2019, for a continental shelf in the northern South China Sea that went beyond 200 nautical miles from its baselines. This submission is only valid if it does not overlap between Malaysia's extended continental shelf claim and those of Vietnam and the Philippines.
The Award has also given regional and extra-regional governments a legal foundation to explain their stances on the South China Sea problems.
Conclusion
While China continues to ignore the Arbitral Tribunal's decision, it has made significant changes to its legal position in the South China Sea, most notably by renaming its "nine-dashed line" claims "Four Sha." At the same time, China has tried to pick and choose which UNCLOS provisions it wants to follow - an approach that runs counter to the spirit and notion of UNCLOS's "package deal" touted throughout the talks.
Any change, of course, will take time to penetrate the worldwide community's conscience. The Arbitral Award in the South China Sea has become an indisputable truth in our past and present.
(This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, or Religion, Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre Foundation shall not be responsible for any errors caused due to human error or otherwise.)
- It has provided as a legal basis for all relevant governments to reconsider their South China Sea views and actions.
- The Award contributed to reduce the regions of contention in the South China Sea by stating that marine features in the Spratly Island group could not produce exclusive economic zones (EEZs) or contin
- Any change, of course, will take time to penetrate the worldwide community's conscience. The Arbitral Award in the South China Sea has become an indisputable truth in our past and present.
