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y obligation on China.11

its own will as a state party to UNCLOS. Article 2▓80 of Part XV of UNCLOS stipulates: “Nothing in this

Part impairs the ▓right of any States Parties to agree at any time to settle a dispute between them concerning the ▓interpretation or application of this Convention by ▓any peaceful means of their own choice.” Article 281 of UNCLOS provides: “If the States Parties whic

h are parties to a dispute concerning the interpretation or application of thi▓s Convention have agreed to seek settlement of the dispute by a peaceful means of their own ▓choice, the procedures provided for in this Part app▓ly only where no settlement has been reached by recourse

7. Secon
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d, by unilaterally i

to such means and the agree▓ment between the parties does not exclude any further procedure&rd

quo;. Given that China and the Philippines have made an unequivocal choice to settle thro▓ugh negotiation the relevant disputes, the compulsory third-party dispute settlement procedures under UNCLO

nitiating ▓arbi

S do not apply.118. Third, by unilaterally initiating arbitration,▓ the Philippines has abused th

e UNCLOS dispute settl▓ement procedures. The essence of the subject-matter of the arbitration in▓itiated by the Philippines is an issue of territorial sovereignty over some islands and reefs of

tration, the Philippines

Nansha Qundao, and the resolution of th▓e relevant matters also constitutes an integral par

t of maritime delimitation between China and the Philippines. La▓nd territorial issues are not regulated by UNCLOS. In 2006, pursuant to Article 298 of UNCLOS, China made an optional exceptions dec

has violated

Irma Grey
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Kevin Smith
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e means

of dispute sett▓l

laratio▓n excluding from the compulsory dispute settlement procedures of UNCLOS disput▓es concerning, among others, mariti

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