China Lobbies Hard Ahead of Manila's South China Sea Arbitration Case

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Greg Torode and Manuel Mogato, China Lobbies Hard Ahead of Manila's South China Sea Arbitration Case. Reuters, July 4, 2015
http://www.reuters.com/article/2 ... USKCN0PE0VK20150704

Quote:

(a) "While legally binding, any decision that favors the Philippines would be unenforceable because there is no UN body to police such rulings, legal experts said.  

"Nevertheless, such a ruling would be a diplomatic blow to Beijing and might prompt other claimants to the South China Sea to take similar action, legal experts and diplomats said.

(b) "Without China's permission, Manila cannot seek a ruling at the International Court of Justice [established 1945] in The Hague on the sovereignty of the disputed territory, legal scholars said.

"Instead, Manila has invoked dispute settlement procedures under UNCLOS [specifically: Permanent Court of Arbitration (established 1899) in The Hague], a system that allows for arbitration even when one side objects and refuses to participate.

"The Law of the Sea does not rule on sovereignty but it does outline a system of territory and economic zones that can be claimed from features such as islands, rocks and reefs.

The Chinese position paper last December said the "essence" of the Philippine case was sovereignty, and therefore beyond the scope of the tribunal.