南海仲裁案所涉低潮高地诉求的管辖权问题——评析本案管辖权和可受理性裁决

Issues of Jurisdiction over the Submissions Concerning Low-tide Elevation in the South China Sea Arbitration:Analysis on its Award on Jurisdiction and Admissibility

2015年10月,菲律宾单方所提南海仲裁案的仲裁庭就管辖权问题作出的裁决中,涉及低潮高地的相关诉求问题。仲裁庭认定诉求所涉争端存在,并对第4项、第6项诉求确立了附带条件的管辖权,将第5项诉求的管辖权问题保留至实体阶段一并审理。本文结合南海仲裁案的相关材料,对本案所涉三类低潮高地法律问题的管辖权问题进行逐一分析,遵循同类国际仲裁案的一般思路,认为中菲之间在低潮高地性质界定、海洋权利和领土属性问题上不存在真实的争端,而且,即便争端存在,领土主权和海洋划界争端亦构成有关争端的先决问题,仲裁庭难以合法地对低潮高地的有关争端确立管辖权。

In October 2015,the Tribunal in the arbitration instituted by the Republic of Philippines against the People's Republic of China had rendered its Award on Jurisdiction and Admissibility which involves decisions on jurisdiction over submissions concerning low-tide elevation. The Tribunal recognized that relevant disputes on low-tide elevations between the parties were in existence,and further decided that it had jurisdiction to address the matters raised in the Philippines' Submission 4 and 6( subject to a certain condition), and reserved a decision on jurisdiction over Submission 5 for consideration in conjunction with the merits of the Philippines' claims. By examining relevant materials of this arbitration and following the general methodology adopted in similar cases,this article analyzes whether the Tribunal has jurisdiction over three categories of legal issues concerning low-tide elevation. This article concludes that there is no real dispute between the parties over the characterization,maritime entitlements and territoriality of low-tide elevation; and even if the disputes do exist,disputes of territorial sovereignty and maritime delimitation constitute the preliminary issues,which does not support the legitimate jurisdiction of the Tribunal over the Submission 4- 6.