CMSI Quarterly Review
Article Title
CMSI Archive Translation: Philippines Violates Declaration on the Conduct of Parties in the South China Sea
Abstract
This article criticizes the Philippines for unilaterally pushing for international arbitration regarding the South China Sea, arguing that this action violates the spirit of the Declaration on the Conduct of Parties (DOC). The DOC stipulates that territorial disputes should be resolved through "friendly consultations and negotiations by sovereign states directly concerned," which clearly excludes third-party interference like arbitration. The core issue is sovereignty over islands within China’s nine-dash line. The article asserts that the arbitration court lacks the right to adjudicate, especially since China made exclusionary claims in 2006 under UNCLOS Article 298 regarding territorial ownership and historical possession.
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