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

Name: The South China Sea Arbitration: Toward an International Legal Order in the Oceans
Brand: Hart Publishing
SKU: 9781509924813
Price: 1261.00 HKD
Availability: InStock
Author: Yoshifumi Tanaka
ISBN: 9781509924813

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.

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

HKD 1,261.00 −3%

HKD 1,300.00

Inclusive of HK delivery

Ready to ship

Quantity

Delivery Time: around 4-5 weeks

Extra 10 working days if shipping address outside Hong Kong

Free HK shipping over HK$1,000
International shipping to 35+ countries

Order Form

Save

Recommended

Your basket

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

Details

Table of Contents

You may also be interested in these books:

Power and Purpose of International Law

Law and the Arms Trade: Weapons, Blood and Rules

Essentials of WTO Law

Tackling Torture: Prevention in Practice

The Cambridge Companion to World Trade Law

Essentials of WTO Law 2nd Edition