Full Description
Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.
The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.
This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.
Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons
Contents
Contents:
1. The South China Sea Arbitration: Laying the Groundwork
S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan
Part I Jurisdiction and Procedure
2. Jurisdictional Issues in the South China Sea Arbitration
Robert Beckman
3. Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle
Stuart Kaye
4. Procedural Issues Arising from China's Non-Participation in the South China Sea Arbitration
Tara Davenport
Part II Maritime Entitlements
5. Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now?
Clive R Symmons
6. Determining High-tide Features (or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography Perspective
Youna Lyons, Luu Quang Hung and Pavel Tkalich
7. The Arbitral Tribunal's Interpretation of Paragraph 3 in Article 121: A First But Important Step Forward
Erik Franckx
8. UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation?
Myron H Nordquist
9. Artificial Islands in the South China Sea: The Legal Regime and Implications of the Award
J Ashley Roach
Part III Marine Environment
10. The South China Sea Arbitral Award, Part XII of UNCLOS, and the Protection and Preservation of the Marine Environment
Nilüfer Oral
11. Rocks Versus Islands: Implications for Protection of the Marine Environment
J Ashley Roach
Part IV Conclusion
12. Conclusion
S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan
Index
