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| International Jurisdiction in the Perspective of the Arbitration on the South China Sea: Expansion, Limitation and China's Participation |
| China University of Political Science and Law |
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Abstract The arbitration on the South China Sea is a typical case to review the development and influence of international jurisdiction. The increase of judicial institutions and practices, as well as the mandatory application of judicial procedures manifests the expansion of international jurisdiction, reflecting the transition of international dispute settlement mechanism from poweroriented to ruleoriented. However, the authority and credibility of international jurisdiction are not fully established due to the imperfection of international law, western leanings of its system and political intervention in the judicial process. For China, the advantages and values of international jurisdiction shall be recognized on one hand, and on the other hand, its limitations and potential risks should also be aware. Furthermore, it is reasonable for China to continue the practice of differentiated participation in the near future. Meanwhile, China shall participate in the reform progress of international jurisdiction, as well as establish the dispute settlement mechanism and institutions of the Belt and Road Initiative, for the purpose of promoting the ability to participate in and lead the international jurisdiction.
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