China's Responses to the Compulsory Arbitration on the South China Sea Dispute: Legal Effects and Policy Options

摘要

China's responses of ruining its back on the compulsory arbitration initiated by the Philippines on 22 January 2013 with respect to aspects of the South China Sea dispute between them under Article 287 and Annex Ⅶ of the United Nations Convention on the Law of the Sea and failing to participate in constituting the five-member Arbitral Tribunal raise issues of whether the arbitral process has or can be halted by China and whether China's nonparticipation is in its best interest. This article examines the legal effects of China's actions and China's policy options with respect to the arbitral procedure started by the Philippines.