View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Xiamen University Institutional Repository 322 China Oceans Law Review (Vol. 2015 No. 1) The South China Sea Arbitration Case Filed by the Philippines against China: Arguments concerning Low Tide Elevations, Rocks, and Islands Yann-huei SONG* Abstract: On March 30, 2014, the Philippines submitted its Memorial to the Arbitral Tribunal, which presents the country’s case on the jurisdiction of the Tribunal and the merits of its claims. In the Memorial, the Philippines argues that Mischief Reef, Second Thomas Shoal, Subi Reef, Gaven Reef, McKennan Reef, Hughes Reef are low-tide elevations, and that Scarborough Shoal, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef are “rocks”, therefore these land features cannot generate entitlement to a 200-nautical-mile EEZ or continental shelf. This paper discusses if the claims made by the Philippines are well founded in fact and law. It concludes that it would be difficult for the Tribunal to rule in favor of the Philippines’ claims. Key Words: Arbitration; South China Sea; China; The Philippines; Low tide elevation; Island; Rock; UNCLOS I. Introduction On January 22, 2013, the Republic of the Philippines (hereinafter “the Philippines”) initiated arbitral proceedings against the People’s Republic of China (hereinafter “China” or “PRC”) when it presented a Note Verbale1 to the Chinese * Yann-huie Song, Professor, Institute of Marine Affairs, College of Marine Sciences, Sun- yet Sen University, Kaohsiung, Taiwan and Research Fellow, Institute of European and American Studies, Academia Sinica, Taipei, Taiwan. E-mail:
[email protected].