If the Arbitral Tribunal on the South China Sea established by the Hague-based Permanent Court of Arbitration in its Award on the Merits, which is expected later in 2016, decides the South China Sea “dispute” in a way that infringes China’s territorial sovereignty over the Nansha Islands, China might consider denouncing the Convention.
The Philippines unilaterally initiated the compulsory arbitration proceedings of the International Tribunal for the Law of the Sea (ITLOS) in January 2013, prompting the formation of a five-member arbitral tribunal.
Experts have expressed their dissatisfaction with the way the tribunal has handled the matter, saying it has widely failed the principal of justice.
They particularly take issue with the composition of the tribunal and the selection of arbitrators, which is not equitable.
The Chinese government has also long stated that it will not participate in or accept the arbitration.
Also, the arbitrator who was selected to represent China is accused of siding with the Philippines, which is not acceptable. Experts are concerned with this saying that under normal circumstances, the ruling over international disputes should allow for opposing votes and reservations.
According to Article 317 of UNCLOS, a state party may denounce the Convention by written notification to the Secretary-General of the UN and may indicate its reasons. Such a denunciation would take effect one year after the date of receipt of the notification.
Source –
https://www.globaltimes.cn/content/993070.shtml
