Constitutional Law Review Case Digests DOCX

Title	Constitutional Law Review Case Digests
Author	C. Margaret Catac...
Pages	355
File Size	541.4 KB
File Type	DOCX
Total Downloads	14
Total Views	123

Summary

Description

Article 1 THE NATIONAL TERRITORY 1. Philippines vs. China Award, PCA Case No. 2013-19, July 12, 2016 FACTS: In the South China Sea Arbitration between the Republic of the Philippines and the People's Republic of China the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea on 29 October 2015 issued its Award on Jurisdiction and Admissibility. The Tribunal rejected China's objection that the disputes presented by the Philippines concerned, in essence, the extent of China's territorial sovereignty in the South China Sea and were thus outside the Tribunal's jurisdiction. The Tribunal found, inter alia, that the Philippines' submissions reflected disputes between the parties concerning the interpretation or application of the Convention, that there was no other State indispensable to the proceedings, and that the Philippines had met the requirement under Article 283 of the Convention that the parties exchange views regarding the settlement of their disputes. ISSUE: Is China's claim to historic rights, or other sovereign rights or jurisdiction with respect to the maritime areas of the South China Sea encompassed by the relevant part of the 'nine-dash line'- valid and tenable? RULING: No. UNCLOS "comprehensively" governs the parties' respective rights to maritime areas in the South China Sea. Therefore, to the extent China's nine- dash line is a claim of "historic rights" to the waters of the South China Sea, it is invalid. Whatever historic rights China may have had were extinguished when UNCLOS was adopted, to the extent those rights were incompatible with UNCLOS. ISSUE: Do Mischief Reef, Second Thomas Shoal, Reed Bank, Subi Reef, Gaven Reef (North and South, Hughes Reef, Scarborough Shoal, McKennan Reef, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef- constitute a fully entitled islands which have the capacity to generate entitlement to exclusive economic zones or continental shelves? RULING: NO. The tribunal declares that Scarborough Shoal, Gaven Reef (North), McKennan Reef, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef, in their natural condition, are rocks that cannot sustain human habitation or Mangibin " 1...