Why the Philippines’ Case Should Pass the Jurisdiction and Admissibility Tests

By | July 23, 2015 | Categories: China, International Law, Philippines, South China Sea
The Philippines has been widely applauded for bringing the first ever arbitration case relating to the South China Sea disputes before an UNCLOS Arbitration Tribunal, but it still needs to clear the three hurdles of jurisdiction, admissibility and merit. In other words, Manila needs to prove that its case falls within the Tribunal’s jurisdiction, that […]

A Fair and Effective Code of Conduct for the South China Sea

By | July 1, 2015 | Categories: ASEAN, China, International Law, South China Sea
In 2002, ASEAN and China signed the Declaration on the Conduct of Parties in the South China Sea (DOC) that promised to “enhance favourable conditions for a peaceful and durable solution of differences and disputes among countries concerned.” Unfortunately, thirteen years on, the claimant countries are no closer to a solution for any of the […]

Massive Island-Building and International Law

By | June 15, 2015 | Categories: China, International Law, Land Reclamation
Within the short span of a year, China’s rapid construction of artificial islands in the disputed Spratlys has radically changed the geographical and security landscapes in the South China Sea. This island construction has so far created over eight million square metres of real estate in the open sea, outstripping other countries’ reclamation activities by […]