Specifically, the tribunal will rule on whether the so-called nine-dash lines, on the basis of which China claims "undisputed sovereignty and sovereign rights" over the disputed territory, is consistent with the Unclos.
It remains to be seen, however, how far Duterte can stray from Manila's critical stance on China's territorial assertiveness, given his country's close ties with the US and growing nationalist sentiment against China's actions.
If China wants to turn the tables on its adversaries, it might consider doing to Japan exactly what the Philippines has done to it. Japan claims an Exclusive Economic Zone for 200 nautical miles around the desolate reef of Okinotorishima. If China had chose to take part in the proceedings, it could have named one of the tribunal's arbitrators and jointly appointed three others in agreement with the Philippines.
Liu pointed that according to UNCLOS, arbitration is only a supplementary means to resolve disputes, and bilateral channels are regarded as the main means to resolve a dispute between countries and that a compulsory arbitration can not be resorted to unless all bilateral channels are exhausted. Both the Philippines and China are parties to the Convention. -Chinese partnership. There seems to be a clear hope among USA military leaders that South China Sea issues can be resolved without confrontation.
Please Wait while comments are loading. To please China and to ensure that it will not leave the Unclos, a policy decision that China's continued membership in Unclos will strengthen the binding nature of the Convention; the Tribunal may simply rule that it has no jurisdiction to rule on the validity of the historic claims to waters since this would require a prior determination on the validity of title to disputed land territories generating maritime territories.
"Finally, we are engaging China directly to reduce risk..."
The tribunal accordingly concludes that the ASEAN-China DOC does not, by virtue of Article 28 of the UNCLOS, preclude the tribunal's jurisdiction.
China has ratified Unclos, but with certain specific reservations by which it expects exemption from certain decisions or rulings by some authorities. Malaysia and Brunei have said little about the case, though they too are South China Sea claimants.
Newly-elected Philippine President Rodrigo Duterte said he was optimistic of a favourable ruling, but offered to hold conciliatory talks with China. The much greater regional and global importance is a honest attempt to promote the rule of law, self-restraint and the non-use of force or intimidation in the settlement of disputes.
Third, it "seeks declarations that China has violated the Convention by interfering with the exercise of the Philippines' sovereign rights and freedoms under the Convention and through constructions and fishing activities that have harmed the marine environment".
What is at stake for the global community is the rule of law.
Two warships of the South China Sea Fleet of the Chinese Navy fire missiles during a competitive training.
It is striking how China's words today criticizing the United States, the Philippine government and the arbitral tribunal are reminiscent of its criticisms of the Nobel Committee.
Resolving these maritime disputes will not happen without some degree of trust and confidence among the claimants and in the conflict resolution mechanism.
The Pentagon is also working with partner nations to enhance their capabilities and capacity, particularly through work with the Association of Southeast Asian Nations, Denmark said. The handling of the South China Sea issue has a bearing on justice as well as peace and stability.
Specifies the coordinates of its nine-dash line, declares it to be a territorial demarcation boundary and solidifies its claim for all the waters, resources and features that lie within it.
Harris seemed to suggest the prospect or hope that South China Sea issues could either be resolved, ameliorated or lessened as other areas of mutual cooperation grow.