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South China Sea Arbitration, Philippines v China, Award, PCA Case No 2013-19, ICGJ 495 (PCA 2016), 12th July 2016, Permanent Court of Arbitration [PCA]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 October 2021

Whether China’s non-participation in the proceedings deprived the tribunal of jurisdiction.

Whether, following the entry into force between the Parties of the United Nations Convention on the Law of the Sea (‘UNCLOS’), maritime rights and entitlements had to be based on that Convention or, conversely, whether historic rights persisted.

Whether the Scarborough Shoal and certain maritime features in the Spratly Islands were submerged banks or low-tide elevations within the meaning of UNCLOS, and whether these were capable of generating a right to an Exclusive Economic Zone or to a Continental Shelf for either Party.

Whether China had interfered with the Philippines’ rights under UNCLOS with respect to fisheries, petrochemical exploration, navigation, and the construction of artificial islands and installations.

Whether China had failed to protect and preserve the marine environment.

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