Tag Archives: Position Paper

The Jurisdictional Rubicon: Scrutinizing China’s Position Paper on the South China Sea Arbitration – Part II

Yesterday I set out the background to the Position Paper issued by the China, on December 7, 2014, “on the Matter of Jurisdiction in the South China Sea Arbitration initiated by the Republic of the Philippines” [hereafter, “China Position Paper”] and examined China’s first objection to the jurisdiction of the arbitral tribunal. In this post, […]

PH’s arbitration case vs China shows options in sea row

MANILA, Philippines – By turning to international arbitration to define its maritime entitlements in the South China Sea, Manila has shown there are options to resolve territorial disputes other than lopsided negotiations where mighty nations lord over small ones. Philippine Ambassador to the United States Jose Cuisia Jr. voiced the observation in a speech during […]

The Fog of Law: China’s Great South China Sea Dilemma

Recent months have witnessed an impressive Chinese diplomatic blitzkrieg, with President Xi Jinping and Premier Li Keqiang feverishly courting friends and foes alike, proposing ambitious trading agreements and acquiescing to various confidence building measures (CBMS) aimed at de-escalating geopolitical tensions in the region. But China’s intensifying legal battle with the Philippines has injected new uncertainties […]

International Law and the South China Sea

China’s position paper published on December 7, 2014 is one of the rare documents in which Beijing officially expressed its opinions on the issues in the South China Sea as well as on the arbitration proceedings that the Philippines initiated at the Permanent Court of Arbitration in January 2013. It seems that the motivation was […]

Law and realpolitik in the South China Sea

China’s rejection of the international process represented by the Permanent Court of Arbitration at The Hague is both a missed opportunity and a disappointing corollary to its intransigence on the South China Sea dispute. Beijing’s visceral opposition to third-party arbitration is based on the suspicion that the process is a means of exerting political pressure on […]

Don’t Be Fooled by China’s Cooperation Lately. Xi Jinping Wants to Reform the International Order.

Last month, China showed its cooperative side to the international community. It struck an ambitious climate deal with the U.S. that President Xi Jinping announced alongside President Obama. It took a seat at the P5+1 talks in Vienna to negotiate a path forward for Iran’s nuclear program. And it responded to the United Nation’s call […]

World View: Philippines and Vietnam Launch Military and Legal Buildup to Confront China

Philippine troop and Chinese maritime police boat confrontation at Second Thomas Reef With China taking aggressive military actions to annex Philippine and Vietnamese territories in the South China Sea, both of these countries are building up the military capabilities, though nothing that their plan would have more than a small token resistance when facing the […]

Beijing ignores court deadline over disputes in South China Sea

China’s government has ignored a deadline to outline its territorial claims in the South China Sea to an international court. The government had until yesterday to submit its case to a court of arbitration in The Hague in the Netherlands. The case was bought by the Philippines, but a foreign ministry spokesman in Beijing, Qin […]

China ignores deadline to respond to PH case

MANILA, Philippines – China missed the deadline to respond to the Philippines’ historic arbitration case on the South China Sea, reaffirming that it rejects the legal process. On the December 15 deadline, China’s foreign ministry reiterated that Beijing “will neither accept nor participate” in the proceedings before The Hague-based arbitral tribunal. China had only until […]

Will China accept international law in the South China Sea?

The ongoing disputes between the Philippines and China in the South China Sea are about to reach a critical point. In January 2013 the Philippines activated procedures under Article 287 and Annex VII of the 1982 UN Convention on the Law of the Sea (UNCLOS) over a dispute about the validity of China’s ‘nine-dash line’ […]