The Award on the Merits in the Case Brought by the Philippines against China Relating to the South China Sea: A Critique

Abstract

The Tribunal constituted under UNCLOS in the proceedings brought by the Philippines against China has now rendered its Award on the Merits. This prompts two questions. First, does the Award strengthen the doubts which have been expressed about whether the Tribunal ought to have taken jurisdiction over the case? And second how cogent is the reasoning of the Tribunal on the substantive issues raised by the Philippines? This paper aims to explore both of these questions.