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Philippines v China Arbitration: be careful what you wish for

March 18, 2016

Commentary by:

Sourabh Gupta
Sourabh Gupta

Resident Senior Fellow

Cover Image: UnSplash

Sometime in late-spring/early-summer, an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) will issue a highly-awaited final ruling on a Filipino protestation that China’s maritime claims – and actions in defense of those claims – in the South China Sea are contrary to UNCLOS and thereby a violation of the Philippines’ sovereign rights and freedoms. Received wisdom holds that Manila will carry the day in court, with the tribunal striking down in particular the more egregious of China’s claims based on the Nine Dash Line. In anticipation of the ruling, Western governments and Southeast Asian states have begun to raise the diplomatic, military, and moral temperature on Beijing to adhere.

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