South China Sea Arbitration

A Chinese Perspective
1. Auflage 2014
ISBN: 978-1-84946-547-2
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 274 Seiten, Hardback, Format (B × H): 161 mm x 238 mm, Gewicht: 571 g

Reihe: Bloomsbury 3PL

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.

This title is included in Bloomsbury Professional's International Arbitration online service.

Autoren/Hrsg.

Talmon, Stefan

Jia, Bing-Bing

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

1. Introduction

Bing Bing Jia and Stefan Talmon
I. The Disputes between the Philippines and China in the South China Sea
II. The South China Sea Arbitration

2. The South China Sea Arbitration: Is There a Case to Answer?

Stefan Talmon
I. Introduction

II. Default of Appearance in Historical Perspective

III. The Consequences of Default of Appearance

IV. Possible Preliminary Objections to the Philippines' Claims

V. The Politics of Arbitration

VI. Conclusion

3. Issues of Jurisdiction in Cases of Default of Appearance

Michael Sheng-ti Gau
I. Introduction

II. Default of Appearance and Ensuing Duties of the Tribunal

III. The Requirement of a Dispute between the Parties

IV. The Requirement that the Disputes Concern the Interpretation or Application of the Convention
V. Disputes Removed from Compulsory Jurisdiction under Article 298 UNCLOS
VI. Conclusion

4. The Issue of Admissibility in Inter-State Arbitration

Bing Bing Jia
I. Introduction

II. Primary Obligation to Negotiate: Article 281(1) UNCLOS

III. Defects of Certain Claims

IV. Abuse of Rights/Procedure

V. Estoppel

VI. Conclusion

5. Jurisprudential Tenability of the Philippines v China Arbitration on South China Sea Disputes?
Haiwen Zhang and Chenxi Mi
I. Introduction

II. What Are the Philippines' Claims against China?

III. China's Reasons for Refusing the Philippines' Arbitration Request
IV. Chinese Policy toward Resolution of the South China Sea Disputes
V. Future of the Arbitration

VI. Conclusion

6. Annexes
I. Selected Documents Relevant to the South China Sea Arbitration

II. Select Bibliography on the South China Sea Disputes

III. Glossary of Place Names

Über Autor(innen)

Talmon, Stefan
Stefan Talmon, DPhil MA (Oxford University), LLM (Cambridge University) is Professor of Public International Law and Director at the Institute for Public International Law at the University of Bonn. He is also a Supernumerary Fellow of St Anne's College, Oxford. Prior to taking up the chair at Bonn he was Professor of Public International Law at the University of Oxford. He practices in the field of international law as a Barrister from 20 Essex Street Chambers, London.

Jia, Bing-Bing
Bing Bing Jia, DPhil (Oxford University) is Professor of International Law, Law School, Tsinghua University, Beijing. Prior to taking up his post at Tsinghua he served as Legal Officer at the ICTY and, temporarily, the ICTR (1998-2004), and previously served as Law Clerk at the ICTY (1996-1998). He also acts as a consultant on matters of international law and serves on the editorial boards of Ocean Development and International Law, International Review of the Red Cross and the Chinese Journal of International Law.