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Abstract The preliminary arbitration award of disputes of South China Sea initiated by Philippines has been released on Oct. 29, 2015. The preliminary award has arbitrated that the Arbitration Court has jurisdiction over the seven claims, including four claims related to the disputes of attributes of islands and reefs. Based on the legal analysis, in additional to the general characteristics, the disputes of attributes of islands and reefs in the arbitration case initiated by Philippines shall also conform to special requirements stipulated in the Annex 7 of United Nations Convention on the law of the sea. But the disputes of attributes of islands and reefs, which are not deemed as legal disputes, cannot reflect the disputing parties’ contradictive views and their interests. Therefore, it does not belong to the jurisdiction of the Arbitration Court. China should insist on its standpoint to reject the arbitration, and seek the countermeasures energetically.
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Published: 20 June 2016
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