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

International Law

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

By Yoshifumi Tanaka
Hart Publishing November 2019

Specifications

ISBN-13
9781509924813
Publisher
Hart Publishing
Publication
November 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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.

Table of Contents

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
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