Original Article Post Date:
Manila, Beijing, and UNCLOS: a test case? (2)
By Alex Calvo As Professor Bagares noted, this is Manila's position. The submission argues that "As the Philippines and China have failed to settle the dispute between them by peaceful means of their own choice, Article 281(1) allows recourse to the procedures provided for in Part XV, including compulsory procedures entailing binding decisions under Section 2 of Part XV", while "Article 286 allows these compulsory procedures to be initiated by any State Party in the court or tribunal having jurisdiction under Section 2".