The widely-anticipated decision of an arbitration body, formed under the aegis of the UN Convention on the Law of the Sea (UNCLOS), to exercise jurisdiction on the Philippines’ arbitration case against China represents a major victory for those who seek a semblance of rule of law in the West Philippine Sea. Interestingly, it happened shortly after (watch out for conspiracy theorists!) the United States deployed destroyers to challenge China’s illegal occupation of features across the Spratly chain of islands.
The Philippines has taken, as the Chinese saying goes, the first step in a journey of thousand miles to ensure coastal states base their claims on modern international law, not obscure claims to historical rights.Thanks to its impeccable and highly creative legal strategy, the Philippines managed to overcome a major hurdle that stood between the prevailing rule of jungle, on one hand, and the promise of rule of law, on the other, in the highly-contested South China Sea.
Though China has formally boycotted the arbitration proceedings at The Hague, and has vigorously argued against compulsory arbitration (under Art. 287, Annex VII of UNCLOS), the Arbitral Tribunal at The Hague has provided the Philippines an unprecedented opportunity to leverage the UNCLOS as a basis to resolve maritime disputes in one of the world’s most critical Sea Lines of Communications (SLOCs).
Read more: http://www.rappler.com/thought-leaders/111343-philippines-legal-victory-west-philippine-sea