The Illegal Jurisdiction Of The South China Sea Arbitration

The dispute of the South China sea is a long standing issue.There is a dispute in the delimitation of the south China sea between China and many countries that surrounding the sea,however,the disputes between China and the Philippines is the most representative.China and the Philippines had the dispute on the demarcation of the south China sea in history,but the result is the controversy has been put on hold,and China has also put forward "shelve dispute,common development" in1990,and China has been wanted to solve the dispute by a peaceful way.In recent years,with the development of the background of social,the south China sea dispute gradually heating up.Although China and The Philippines had made efforts to solve this dispute,the result is that the dispute does not have a thorough solution and this is the same with the past.There has rich Oil resources in the sea.The sea connects the Pacific and Indian Ocean,is also the only way of the Indian Ocean to the Pacific.It is because of the south China sea’s geographic location,its strategic value caused it to become the world’s busiest second international waterway.However,the dispute has not been solved.As a result,the Philippines submit this dispute unilateral to the international arbitration court on January 22,2013,and the arbitration tribunal had been accepted and made a final decision that The Philippines won on July 12,2016.However,the whether case can be under the jurisdiction of arbitration tribunal is relationship to the arbitration proceedings will continue,and it is also affect the final determination of the dispute concerned whether binding.That is to say,if the arbitration tribunal has no jurisdiction over the case,then it has been the case for arbitration,the arbitration tribunal for everything the program and even the final ruling is not legal.So,analyze the jurisdiction of the arbitration tribunal illegality,and to evaluate its validity.After the Philippine submit the dispute to arbitration unilateral,although China has always uphold the "do not accept,do not participate in",the arbitration tribunal made a preliminary ruling for case that it has jurisdiction,there is the view that lead tothe international community that China defy international justice and do not abide by international law.But in fact it is not.Because the arbitration tribunal has no jurisdiction,so analyze the jurisdiction of the arbitration tribunal illegality,and show the world that China is a country with a respect for international law,and the attitude and behavior of China is legal.Since the Philippines submit the dispute with China to international arbitration court unilaterally in 2013,the academic circles on the behavior of the Philippines and accepted by the arbitration court of arbitration and a series of actions made a analysis and research from the angle of law and political.At the same time,because the Philippines filed by compulsory arbitration is the interests of a third party,and in the international community and want to take this opportunity to contain China’s hegemony countries exist,so the community also studied.From the aspects of politics,the domestic research is basically based on the arbitration in the Philippines are nothing more than a political farce,etc.,in the field of international law studies,don’t know too much.From the aspect of legal,research content mainly includes the following aspects,Chinese historical rights to the south China sea,and carries on the demonstration and analysis;The arbitration tribunal for case does not have jurisdiction;The arbitration tribunal to cases of illegality;The development process of the arbitration cases and the cause of China “does not participate in,do not accept it”from the aspect of China,etc.At the same time,there are a lot of official position,and some scholars to analyze position paper.This article from the overview of the arbitration of the south China sea,further understand the situation of the arbitration,including there is some dispute in the history,and why the Philippines submit this dispute to compulsory arbitration proceedings in this time,and understand the process of arbitration cases further.Analysis of the constitutive requirements of the jurisdiction of the arbitration tribunal,then discusses the case does not have jurisdiction over the arbitration tribunal from the aspects of entity and procedure.It is right that China does not accept,don’t participate in the arbitration.And it is a rebuttal to accused China of despised international judicial of the international community.Because the arbitration tribunal has no jurisdiction over the case,but the abuse of jurisdiction over the case in thetrial,this is an act of abusing rights,and this kind of behavior will bring some negative effects.