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DECISION OF PERMANENT
COURT OF ARBITRATION (PCA)
ON THE DISPUTE OVER WEST
PHILIPPINE SEA
(in fulfillment of the requirements for the subject of Public International Law)
SUBMITTED BY:
Boquiron, Shiela Mae A.
PIL 19:30-21:30
SUBMITTED TO:
Dr. Jose Samson
Public International Law
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TABLE OF CONTENTS
CHAPTER PAGE
NO.
I. ABSTRACT ……… 3
II. INTRODUCTION ……… 4
III. BACKGROUND OF STUDY ……… 6
IV. REVIEW OF RELATED LITERATURE ……… 9
V. DISCUSSION ……… 11
VI. CONCLUSION ……… 14
VII. REFERENCES ……… 15
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CHAPTER I
ABSTRACT
Philippines unlike any other nation states within the South East Asia is
this set-up leads to conflict with other neighboring states in regards to the jurisdiction
over some parts of our territory to which these countries also claim their dominion
thereto. The most prevalent one is the recently resolved dispute over the West
Philippine Sea or South China Sea over which the Republic of the Philippines and The
This paper discusses the problems in regards with the enforcement of the
Decision rendered by the Permanent Court of Arbitration on the dispute over the West
Philippine Sea or South China Sea and its effect in the relationship between two states.
Further, in this paper, it will also be tackled the possibility of totally enforcing the subject
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CHAPTER II
INTRODUCTION
exist in the modern times. Nonetheless, as compared to the past, states manage to
resolve such disputes in a peaceful manner and without any aggressive acts. One
example of such conflict is the dispute in the West Philippine Sea, specifically involving
Republic of the Philippines (Philippines for brevity) and The People’s Republic of China
These aforementioned countries are both party state to the United Nations
Convention on the Law of the Sea (UNCLOS for brevity). UNCLOS defines the rights
and responsibilities of nations in their use of the world’s oceans, establishing guidelines
for businesses, the environment, and the management of marine natural resources.
Further it also provides mechanism for settlement of disputes related issues regarding
It is a public knowledge that China has been exploiting resources within the West
Philippine Sea despite having been aware that Philippines has claim or exercising its
regarding the latter’s state acts which is detrimental to the jurisdiction of the Philippines
over the West Philippine Sea. Further, Philippines tried to convince the China to enter
into arbitration proceedings to finally settle such disputes before the Permanent Court of
Arbitration. Nonetheless, the appeal of the Philippines for the China to desist any of
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these acts was futile as well as to enter into such proceedings was publicly rejected by
the latter. In view thereto, Philippines was constrain to initiate the arbitration case
against China.
The Permanent Court of Arbitration (PCA for brevity) resolved the case in favor of
Philippines. Presently, it seems that the China despite the final ruling of the Tribunal
establishments by China were seen within the disputed area. Further, China also did not
cease on its acts of exploitation of the resources of within the area in violation of the
rights of the Philippines which has been declared by the Tribunal. Concurrently, the
present administration also became lax on exercising our state rights over the same.
Philippines indeed won the arbitration proceedings over the West Philippine Sea
and its rights to exercise territorial jurisdiction over the same has been recognized. The
big question is how could a small country like the Philippines will exercise such rights
considering that the opponent state, China is considered as one of the big player and
powerful state in realm of international relations? Further, reality speaking, despite the
existence of such conventions and organizations to which states are party, there still a
non-existing central government that will compel them to comply with such decision. In
view of the foregoing circumstances, this study seeks to explain details in relation to the
enforcement of the such International Court’s Decisions and it what manner this
decision will bind the subject party states in respect to the Conventions to which they
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CHAPTER III
BACKGROUND OF THE STUDY
China before the Permanent Court of Arbitration concerning the dispute in the West
Philippine Sea.
Regardless of the filing for arbitration proceedings of the Philippines, China has
maintained its position that it would not participate in the proceedings. Non-participation
in the proceedings of other party does not preclude the process of such and still China
may still be bound of such decision which the Tribunal will render pursuant to provisions
of the Convention.
Paper in relation to the subject arbitration proceedings while remaining its stand that
issuance of the same does not constitute their participation in the proceedings. It
averred among others that the Tribunal has no jurisdiction to settle the subject dispute
considering that it concerns territorial sovereignty over the maritime of the South China
Sea. It alleged the result of this proceeding might constitute maritime boundary
delimitation of their territory which the China on its 2006 Declaration expressly made to
determination of the Party’s sovereignty over the respective islands. Philippines merely
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seeks before the tribunal to provide the following declaration on the following subject
matter, to wit: (1) Parties’ respective rights and obligations in regard to the waters,
seabed and maritime features of the South China Sea are governed by UNCLOS, and
that China’s claims based on its “nine dash line” are inconsistent with the Convention
and therefore invalid; (2) determines whether, under Article 121 of UNCLOS, certain of
the maritime features claimed by both China and the Philippines are islands, low tide
elevations or submerged banks, and whether they are capable of generating entitlement
to maritime zones greater than 12 M; and (3) enables the Philippines to exercise and
enjoy the rights within and beyond its exclusive economic zone and continental shelf
On July 12, 2016, the United Nations Tribunal issued its Decision generally
deciding the case in favor of the Philippines. Among others, the Permanent Court of
Arbitration resolved to strike down the historic rights claim of China specifically the
“Nine-Dash Line Theory” over the resources in waters in subject territory. The
Permanent Court of Arbitration held that this theory is incompatible with the provisions
of the Convention; hence, rights which are claim on the basis of such were already
extinguished. It further held that Spratly Islands are within the Philippines Exclusive
Economic Zone. China was also been determined to have been violated the Philippines’
sovereign rights in its Exclusive Economic Zone. Lastly, it was found out that China
The dispute regarding the violation of the rights of the states over their territory
like the herein subject is not a new matter. Such disputes are common matter in
international realm. In the past when a similar dispute arises, states resort to war in
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order to resolve the same. Nevertheless, due to the destructive result of wars, nation
state decided to provide avenue to resolve such conflicts in a peaceful manner, hence,
the creation of United Nations and several conventions and treaties afterwards for the
maintenance of peace between states. In view thereof, states are required to settle their
dispute peacefully.
Several decisions regarding territorial disputes have already been issued by the
International Courts. State being party member to the United Nations are obliged to
comply and observed in good faith decisions rendered by International Courts pursuant
to the principle of pacta sunt servanda. Nevertheless in reality, it has been established
over time that there is a problem in regards to the enforcement of judgments issued by
International Courts. States involved usually refuse to comply with such orders due to
the absence of central government in the international community. Example of this is the
decision rendered by International Court of Justice (ICJ for brevity) in Corfu Channel
Case (United Kingdom v. Albania, 25 March 1948, ICJ. Rep. (1948)), which was only
complied by Albania after forty years. Nevertheless, around 1980’s, state parties took a
serious cognizance of non-compliance of ICJ Orders when United States to comply with
the decision of ICJ in Nicaragua case (Nicaragua v. United States, 27 June 1986, I.C.J.
14).
Be as it may, in the present time, some state still defy international judicial
decisions. As in this case, China’s refusal to comply the PCA decision despite the
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CHAPTER IV
REVIEW OF RELATED LITERATURE
The following literatures and studies provide a similar discussion and analysis to
Justice. As well as the obligations of the state parties to comply with such judgments in
view of the principle of pacta sunt servanda and good faith. In Majed’s paper, he
discussed the remedies provided to the aggrieved state party pursuant to the provisions
ICJ particularly the role of Security Council. Nonetheless, he interposed that politics is
one of the factors affecting the enforceability of international judicial decisions. The
process of enforcement of the judicial decisions of the ICJ especially through the
Organisation of the United Nations and in particular through the Security Council has
been generally regarded as political in character (Al- Qahtani, 2003). In can be view
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therefrom that despite the existence of the international law, treaties and conventions in
politics still comes into play. International law and international relations are closely
International Court of Justice and the Law of the United Nations”, he also raised
emphasized the role of the Security Council in the implementation of the decision
rendered by the ICJ. Tanzi highlighted two issues on such enforcement, first, with
regard to the question of the relationship between the Security Council and the Court,
Second, and in particular, when assessing the voting procedure which applies when the
Council votes on a draft resolution aimed at giving effect to a judgment of the Court, a
systematic analysis.*
comes into play in the exercise of the discretion of the Security Council in implementing
these decisions, specifically when subject judgments involve a member of the Security
Council wherein such State may obviously be able to influence the decision making of
the council.
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CHAPTER V
DISCUSSION
It is a well-known fact that China is one of the big power in the international
Philippines despite a growing country, is still far more comparable with China. As many
enormous implication on the other territorial claims of China on the basis of historic title.
cannot still claim the victory over this case. Even the same was declared as binding to
enforcement of any international judicial decisions really rests upon the party state of
such case. Here, China has always been publicly stating that it would not acknowledge
the ruling made by the PCA considering that initially it also questions the jurisdiction of
the UNCLOS over the subject matter. Subsequently, it can be seemingly be deduced on
the basis of the actions of Philippines and its present relationship with China, that the
former will not strongly assert its right in the implementation of the said judgments.
International Law is a tool to regulate the relations between states as well as the
conducts of the latter. One of the sources of International Law is the judicial decisions
rendered by International Courts, wherein one state may enforce his right on reliance of
such.
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In view thereto, the decisions rendered by PCA shall therefore be properly used
to further restrict and prevent the conduct of China in the West Philippine Sea,
specifically its acts in violation of the rights of the Philippines over the latter.
properly enforce the foregoing decision. One of which is the same may resort to the aid
of UN through its Security Council. Unfortunately there are two problems in regards to
taking recourse to the Security Council. First, the inconsistent action of the Philippines
in regards to the exercising of its right to enforce said decision. Second, China is a
On the first problem, in order for the Security Council (SC for brevity) to take an
action to mandate and properly enforce decisions rendered by International Courts, the
aggrieved party itself must then initiate an action to ask for the assistance of the SC in
case of the defiance of the other party of such order. It must first go before the UN to
seek for its support. Presently, the administration of the Philippines seems lack of its
initiative to the same. Further, its action and further proclamations in regards to its good
On the second problem, it has been discussed above that being a member of the
Security Council also does have an effect on the exercise of the latter on enforcing the
the refusal of party state to comply such. Wherein, members of the SC may make
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decisions. Tanzid state that in enforcing decision of ICJ, the Charter provision in point
provides that the Security Council may 'make recommendations or decide upon
measures to be taken to give effect to the judgment' but does not refer to any specific
kinds of measures. Here, China is a permanent member of the Security Council, hence,
it has an overwhelming power which might influence the decision of the SC on its
actions in case that the Philippines would resort to the assistance of such council.
international relations are closely connected and intertwined. Politics would always
come into play on the relations of state with each other. In reality, the establishment of
the Philippines of good relationship with China and its non-aggressiveness to compel
the latter to comply with the subject decisions might in the might of our government has
a good implication to our country. Philippines might be considering that in view of the
strong economic, political and military power of China, we stands no chance against the
latter despite the enormous support from the other nation states for the Philippines in
relation to the subject decision. It is a fact that states around the world were
condemning China on its refusal to comply with the decision and the latter continues act
of violating the rights of the Philippines in the subject disputed territory. Again, in reality,
there are a lot of things that we shall take into consideration in enforcing the decision of
the PCA.
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CHAPTER VI
CONCLUSION
following the principle of pacta sunt servanda must abide the ruling of the PCA. This is
to ensure the maintenance of peace with the international community as well as to not
between party states. The rejection of China in taking cognizance of the decision of
PCA over the dispute merely shows that international laws will only remain a mere scrap
of agreements and will not in any way may compel the states to act in accordance of
such.
Nonetheless, in this issue, the burden is really on the Philippines to enforce the
subject judgment. The Philippines shall take it strong stand to enforce the subject
decision and to assert our jurisdiction over the disputed territory despite the fact of
China being a super power in the international politics. Without such assertion, all of the
efforts of the previous administration will result in vain if the Philippines will be lax on
this matter.
Currently, Philippines and China are now on the process of negotiating in regard
to the joint explorations in the West Philippine Sea or South China Sea. Does this act
can be consider as a waiver of the rights of Philippines over the subject decision or is
the only last resort of the Philippines to exercise its rights over the same territory
considering the strong defiance of China to follow such decision? This can only be
answer on the further acts and pronouncement that the Philippines will make.
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CHAPTER VII
REFERENCES
Institute for Maritime and Ocean Affairs (n.d.) About the UNCLOS. Retrieved from
http://www.imoa.ph/treaties/unclos/unclos-history/
In the Matter of the South China Sea Arbitration (Philippines v. China) (2016), PCA
https://pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf
Williams, R. D. (2016) Tribunal Issues Landmark Ruling in South China Sea Arbitration
https://www.lawfareblog.com/tribunal-issues-landmark-ruling-south-china-sea-arbitration
http://theses.gla.ac.uk/2487/1/2003Al-QahtaniPhD.pdf
http://www.ejil.org/pdfs/6/1/1311.pdf
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