The South China Sea Arbitration: Toward an International Legal Order in the Oceans

Erscheinungsjahr 2019
ISBN: 978-1-5099-2481-3
Verlag: HART PUB

Buch, Englisch, 312 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 632 g

Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. In considering these issues, this book examines the South China Sea arbitration in three respects: (i) the clarification of relevant rules and obligations under the UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law.

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

Autoren/Hrsg.

Tanaka, Yoshifumi

Fachgebiete

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

Inhaltsverzeichnis

1. Introduction
I. Introduction
II. Course of the Litigation
III. Framework for Analysis: Triple Viewpoint
IV. Conclusions
2. Jurisdiction and Admissibility
I. Introduction
II. Treatment of the Non-appearing State
III. Treatment of Third Parties
IV. Jurisdiction Over the Mixed Dispute Involving Territorial Sovereignty and Maritime Delimitation
V. Interpretation of Article 281 of the UNCLOS
VI. Conclusions
3. The 'Nine-dash Line' and China's Claim to Historic Rights in the South China Sea
I. Introduction
II. The Concept of Historic Rights
III. Three Phases of Analysis
IV. Conclusions
4. The Legal Status of Maritime Features in the South China Sea
I. Introduction
II. The Legal Status of Maritime Features as Above/Below Water at High Tide
III. The Legal Status of Maritime Features as Rocks/Islands
IV. Assessment of the Tribunal's Interpretation and Application of Article 121(3)
V. Conclusions
5. Lawfulness of Chinese Activities in the South China Sea
I. Introduction
II. Lawfulness of China's Actions in the South China Sea
III. Aggravation or Extension of the Dispute between the Parties
IV. Conclusions
6. Legal Implications of the South China Sea Arbitration Awards
I. Introduction
II. The Role of the South China Sea Arbitration in Dispute Settlement
III. The Implications of the South China Sea Arbitration for the Development of International Law
IV. The Implications of the South China Sea Arbitration for the Protection of Community Interests
V. Considerations of Time Elements in the South China Sea Arbitration Awards
VI. Conclusions
7. General Conclusion

Über Autor(innen)

Tanaka, Yoshifumi
Yoshifumi Tanaka is Professor of International Law, with specific focus on the law of the sea, at the Faculty of Law, University of Copenhagen, Denmark.

Yoshifumi Tanaka is Professor of International Law, with specific focus on the law of the sea, Faculty of Law, University of Copenhagen.