Tracking China’s Compliance with the South China Sea Arbitral Award

Facebooktwitterredditpinterestlinkedinmail

Since the arbitral tribunal formed pursuant to the UN Convention for the Law of the Sea (UNCLOS) handed China a stunning legal defeat in July, China has loudly proclaimed its intention to ignore the arbitral award. For most analysts of the region, it has been a working assumption that China has not and will not comply with any parts of the award. But China’s statements that it will ignore the award do not necessarily mean that it is currently in complete non-compliance or that it will never come into compliance in the future. China’s actions, as opposed to terse public statements, must be assessed as a measure of its compliance.

This chart offers a detailed analysis of the award’s requirements (also available below). Specifically, for each of the Philippines’ submissions, the chart summarizes the tribunal’s findings and offers an assessment of Chinese government statements and actions since the award’s issuance on July 12.

“Non-compliant” means that China has taken actions since July 12 that are in direct violation of a specific requirement of the award. “Uncertain” means that there are no reports that China has taken actions that clearly violate a particular part of the award. “Compliant” means that China has taken actions that indicate complete compliance with that portion of the award.

https://www.lawfareblog.com/tracking-chinas-compliance-south-china-sea-arbitral-award

Facebooktwitterredditpinterestlinkedinmail