Sino-Philippine Arbitration on South China Sea Disputes: A Perspective from the Principle of Good Faith

LUO Sa ； XIE Hongyue

《中国海洋法学评论》 25期 (2017/06) Pp. 191-228

摘要

This paper, from the perspective of the principle of good faith, an abstract and basic principle on international law, examines the deeds of both the Philippines and the Tribunal in the Arbitration on South China Sea Disputes. The first section explores the connotations of the principle in the context of maritime delimitation. On the one hand, the parties to a maritime delimitation dispute are governed by this principle. For example, the parties are obligated to negotiate in good faith, including to actively enter into negotiations, conduct sufficient talks and keep welcoming negotiations. On the other hand, the principle also requires dispute settlement bodies to make their decisions in a legal and reasonable manner. The second section identifies the Philippines' violation of the good faith principle in multiple aspects, by checking its actions taken during the course of the proceedings against the primary requirements of the principle. The third section showcases the absence of good faith in the Arbitral Tribunal's award, by presenting the behaviors of the Tribunal, as a dispute settlement body, during its review of the case. Lastly, the paper mentions that the Philippines and the Tribunal even check China's behaviors against the principle of good faith. And the paper concludes that the lack of honesty and integrity of both the Philippines and the Tribunal causes fundamental detriment to this general principle of international law.

關鍵字

Principle of good faith ； China ； The Philippines ； Arbitral Tribunal ； South China Sea Arbitration