Full coverage: South China Sea Is Indisputable Part of China

A UK scholar has published an article in the China -US Focus magazine, challenging the legitimacy of the statements made by the Tribunal that it has jurisdiction over the claims made by the Philippines.

Chris Whomersley, a former Deputy Legal Adviser of the United Kingdom’s Foreign and Commonwealth Office, said that any decision by the Tribunal would have a number of what called "weaknesses".

The United Nations Convention on the Law of the Sea, emphasises that the States bordering a semi-enclosed sea, like the South China Sea, should cooperate together in dealing with common issues. However, the arbitration filed by the Philippines is unilateral, without the consent of China.

Whomersley also said that he believes the Tribunal does not have the authority to rule whether a particular feature in the region belongs to China or the Philippines. This is because the Tribunal only has jurisdiction to decide on disputes over the “interpretation or application” of UNCLOS.