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Full Description
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. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated 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. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.
Contents
Philippines v. China
Arbitration Case concerning the South China Sea: An Introduction
Competing Claims over the South China Sea Islands and the Way Forward: A Chinese Perspective on the Philippine-China Arbitration Case
The South China Sea Disputes Are Not Yet Justiciable
Conciliation and Article 298 Dispute Resolution Procedures under the Law of the Sea Convention
The Legal Status of Maritime Features in the Sino-Philippine South China Sea Arbitration: Admissibility and Jurisdiction
Does China's Position Paper on the South China Sea Arbitration Constitute a Preliminary Objection?
The Arctic Sunrise Case and Its Implications for China
The U-shaped Line and Historic Rights in the Philippines v. China Arbitration Case
The Law of the Sea Convention and the U-Shaped Line: Some Comments
The South China Sea Arbitration Case Filed by the Philippines against China: Arguments Concerning Low Tide Elevations, Rocks, and Islands
Offshore Geographic Features and Their Significance to Sovereignty and Maritime Claims
Fishery Resources Management in a Disputed Maritime Zone: A Political and Legal Analysis
Law Enforcement in a Disputed Maritime Zone: A Political and Legal Analysis
The Impact of the Arbitration Case on Regional Maritime Security
