Tag Archives: Arbitration

THE RULE OF LAW IN THE WEST PHILIPPINE SEA DISPUTE

(Publication Version) Speech delivered before the Philippine Bar Association 29 August 2013 Justice Antonio T. Carpio In the 17th century, England, Spain and Portugal, the naval superpowers of the day, claimed ownership of the oceans and seas they discovered, and enforced their claims through the barrel of the naval cannon. In 1609, Hugo Grotius, the […]

PNoy cannot ignore UNCLOS remedy

The complaint for arbitration against the People’s Republic of China filed with the International Tribunal of the Law of the Sea is mainly to defend the Philippine’s sovereign rights over its continental shelf and exclusive economic zone, and to reserve the right to request for provisional measures should these become necessary. The UN Convention on […]

Philippines Takes China’s Sea Claims to Court

Paul Reichler, a Washington-based lawyer, has spent much of his career representing small countries against big ones: Nicaragua versus the U.S.; Georgia versus Russia; Mauritius versus the U.K., Bangladesh versus India. His first big victory made headlines in the 1980s when the International Court of Justice in The Hague ruled that U.S. support for Contra […]

The danger of pushing China too far on law of the sea

China has been under withering political and legal attack for allegedly violating the UN Convention on the Law of the Sea. Although at the recent meeting of the Association of Southeast Asian Nations in Brunei, Beijing declared its willingness to discuss a code of conduct for the South China Sea, there has been no change […]

Beijing rejects arbitration over Philippines territorial spat

China should be careful how it looks to the international community, according to Professor Jerome Cohen of New York University. The drama about the disputed Scarborough Shoal or Huangyan Islands had the Philippines seeking international arbitration from the United Nations Convention on the Law of the Sea or UNCLOS. The Philippines have said they acknowledge […]

The Sino-Philippine Maritime Row: International Arbitration and the South China Sea

In this Flashpoints Bulletin, The Sino-Philippine Maritime Row: International Arbitration and the South China Sea, Peter Dutton analyzes the ongoing territorial disputes between the Philippines and China over lands near the South China Sea, known as the West Philippines Sea in Manila. Dutton, who is Professor of Strategic Studies and Director of the China Maritime […]