The launch of a UN arbitration tribunal on the China-Philippines maritime dispute has Asian powers watching closely as these debates unfold. From July 7 to 13 at The Hague, the Philippine delegation argued China violated the Philippines’s rights to exploit waters within a 200-nautical mile exclusive economic zone (EEZ) as established by the 1982 U.N. Convention on the Law of the Sea (UNCLOS). The treaty – which set rules on countries’ exercise of maritime activities – counts China, the Philippines, ASEAN countries, and many others as member-states. Sea-lanes through the South China Sea account for $5 trillion in trade every year. Therefore, the case could have a significant impact on many Asian nations, including Indonesia, Japan, Malaysia, Thailand, and Vietnam who attended the hearing as formal observers.
While Beijing refused to formally participate in the UN Permanent Court of Arbitration (PCA) – the chosen UNCLOS dispute resolution mechanism – Chinese officials have taken opportunities to state their case through formal and informal channels, raising legal questions about whether China can dip its toes in the water without getting drowned by the tribunal’s verdict. Before the tribunal can begin to consider the case, the PAC will first decide if it has jurisdiction over the dispute in question before a later possible hearing to determine the legal merits of the Philippine complaint.
This Policy Alert — written by Timothy Westmyer, the program and research assistant at the Sigur Center, is part of our series on Energy and Maritime Security for the Rising Powers Initiative’s new project: The Linkages between Energy Security and Maritime Strategies in the Indo-Pacific. The research effort looks at how energy security debates shape and influence maritime strategies and vice-versa in China, India, Japan, the Philippines, and Vietnam and the implications of these linkages for U.S. policy toward the region. (more…)Continue Reading →