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

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

Author: Yoshifumi Tanaka
Publisher: Hart Publishing
ISBN: 9781509924813

Published In: November 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509952212

List Price: HKD 1,300.00

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Description
Contents

Details

Beyond the scope of the settlement of the dispute 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. Thus this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations.

Specifically this book addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, historic rights, legal status of maritime features, lawfulness of various activities of China, and the role of the South China Sea arbitration in the settlement of the dispute between the Philippines and China. 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 LOSC as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law. In so doing, this book attempts to consider the establishment of an international legal order in the oceans.

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