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Research on Key Issues of Subsequent Legal Response to the South China Sea Arbitration CaseFull-text in Chinese

Guan Jianqiang;

Abstract:Regardless of the Chinese government’s position of "no acceptance,no participation,no recognition and no implementation",the Hague Tribunal of the South China Sea arbitration case between China and the Philippines issued its verdict as fully supported the Philippines. Although the verdict evidently violates the international law in many respects,China is bound to face unprecedented pressure in the legal aspect. In order to offset the long-term negative effects the verdict may bring to China’s interests in the South China Sea,it is necessary to research into the key issue of subsequent legal response to the South China Sea arbitration case. For this purpose,the article first analyzes the issue whether the arbitration tribunal has the right to arbitrate in the name of the Permanent Court of Arbitration. Then,it lays special emphasis on the analysis and arguments of the arbitration tribunal’s act of abusing competence-competence as well as the its incorrect ruling on some substantial issues which is beyond the purview of the United Nations Conventions on the Law of the Sea( hereafter referred to as "UNCLOS"). At last,the article demonstrates the legal methods of offsetting the negative effects of the "arbitration award",and constructively proposes the solution in striving for the understanding and support of most contracting parties of the UNCLOS by presenting facts and demonstrating jurisprudence,so that the international community would reach the consensus that the arbitration tribunal has abused its right of jurisdiction.
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  • Series:

    (G) Politics/ Military Affairs/ Law

  • Subject:

    International Law

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