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The Post-Hearing Reality in the South China Sea Arbitration Case

July 16, 2015

Commentary by:

Picture of Nong Hong
Nong Hong

Executive Director & Senior Fellow

Cover Image: UnSplash

The Hague hearing on jurisdiction and admissibility of the South China Sea arbitration case has come to an end on July 13 after a weeklong process without China’s participation. The hearing has become a heated headline for medias, governments, and scholars for the past week. Questions include whether the Arbitral Tribunal will issue a decision on the jurisdiction and admissibility on July 13, who the decision might favor, to what extend the Tribunal may render its jurisdiction, if there is any, the reaction of China and the Philippines might be, and what might be the take-away for countries who sent observers to the hearing, including Malaysia, Indonesia, Vietnam, Thailand, and Japan.

China’s Ministry of Foreign Affairs spokeswoman has reiterated China’s position of “no accepting and no participating” in The Hague process, and accused as usual the Philippines’ of violating its commitment through the 2002 Declaration on Conduct (DoC) to solve the dispute through negotiations. Most traditional Chinese media stories repeated Chinese government’ position through various forms of interviews. Social media such as Weibo andWechat invited discussions and debates among young people whose interests range widely from symbolic nationalism to geopolitics and security. Scholars of international law support China’s position by elaborating on the December 7, 2014 Position Paper of the Government of the People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration, arguing that the Tribunal manifestly has no jurisdiction.

 

Read the rest at the CSIS Maritime Transparency Initiative Website

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