Abstract:
The Philippines initiated arbitration in UNCLOS concerning China’s maritime claims and China’s unlawful activities in the West Philippine Sea. The UNCLOS Arbitral Tribunal awarded its decision in favor of the Philippines. The Tribunal decided that China’s claims on the maritime features in the West Philippine Sea and its nine-dash line do not have any basis in law. It also ruled that China’s operations and activities in the West Philippine Sea are unlawful. China considered the Award as null and void due to the Tribunal’s lack of jurisdiction. On the other hand, the moral victory of the Philippines did not come to fruition.
Despite the decision favoring the Philippines, its government downplayed the victory. The administration chose to maintain friendly diplomatic relations with China with the expectation that it can bring investments and projects that will be funded by China. As China continues its militarization activities and harassment activities in the Philippine exclusive economic zone, the current Philippine administration is still not expected to implement more local and foreign policies that implement the arbitration ruling against China.
This study assesses the UNCLOS arbitration ruling and the responses of both China and the Philippines with regard to the decision rendered. It also discusses the position of both countries and their relationship post-arbitration. This thesis argues that the Philippines has a legal basis to exercise its sovereignty and jurisdiction in the West Philippine Sea as supported by international laws and The Hague Ruling. The Philippines also has several reasons and motivations for why it should strengthen its sovereign control in the West Philippine Sea. This will also cite possible ways of settling the disputes in the West Philippine Sea in relation to The Hague Ruling including bilateral and multilateral settlements.
