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Development and Settlement of Disputes, The South China Sea Arbitration: the Republic of Philippines vs. the People's Republic of China

The Philippines’ Prospects at the UN Tribunal

South China Sea

The Philippines’ Prospects at the UN Tribunal

Huy Duong
cogitASIA – CSIS Asia House

PHArbitration_760

On April 25 2013, Shunji Yanai, president of the International Tribunal for the Law of the Sea (ITLOS), appointed the final three of the five arbitrators to the tribunal adjudicating legal proceedings that the Philippines has brought against China relating to some of the disputes in the South China Sea.

This is the first time that arbitration has been invoked to settle some aspects of those disputes. The equality of States in international law gives the Philippines an equal chance against China in the disputes for the first time. Accordingly, the Philippines has pinned high hopes on the legal proceedings. Philippines foreign secretary Albert del Rosario has said that the Philippines’ aim is “to achieve a peaceful and durable solution to the dispute.”

China has relinquished its right to appoint one of the five arbitrators, resulting…

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