WHAT DOES THE CASE INVOLVE?
- The Philippines formally lodged its arbitration case under the UN's 1982 Convention of the Law of the Sea, known as UNCLOS, in January 2013.
- China repeatedly warned the Philippines against pushing ahead with the case, and Beijing has refused to participate in any of its hearings, forgoing its right to appoint a judge. China says the court has no jurisdiction, and that its historic rights and sovereignty over the South China Sea predates UNCLOS.
- UNCLOS does not deal with sovereignty issues, but sets out what countries can claim from various geographic features at sea, as well maritime behavior. That regime allows for 12 nautical miles of territorial waters from islands and rocks and 200 nautical miles of Exclusive Economic Zone from islands that can sustain ordinary human habitation. An EEZ is not sovereign territory but gives a country the right to the fish and seabed resources, including oil and gas, within that zone.
- China and the Philippines are among the 167 parties that have signed and ratified UNCLOS. The United States has not, as the law has been blocked in the US Senate in the past. But its government recognises it as customary international law, including during naval patrols of the South China Sea.
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