South China Sea Arbitration Toward an International Legal Order in the Oceans
Produktdetaljer
Biografisk notat
Yoshifumi Tanaka is Professor of International Law, with specific focus on the law of the sea, Faculty of Law, University of Copenhagen.The book is commendable for the extensive literature consulted and referenced, and researchers will find the âFurther Readingâ section at the end of each chapter an excellent resource. The analysis is careful and considered throughout and will undoubtedly be of interest to the many scholars and practitioners.
- Natalie Klein, University of New South Wales, The International Journal of Marine and Coastal Law
This book constitutes a very useful presentation of this arbitration and we must underline the quality of its realization.
- Pierre Michel Eisemann, Annuaire Français de Droit International (Bloomsbury translation)
A valuable source of reference for international law of the sea scholars and practitioners.
- Pannavit Tapaneeyakorn, Asian Journal of International Law
Not only does the book expertly condense the 500-page award and clearly explain the UNCLOS Annex VII Tribunalâs reasoning, it also provides helpful context by connecting the caseâs logic and reasoning with antecedent and contemporaneous facts, as well as other decisions and awards of international tribunals and relevant customary and treaty laws ⌠Scholars and practitioners of international law will find it a very useful reference for their own appreciation and analysis, and non-lawyers will benefit from its easily accessible language and the contextual information that each chapter provides.
- Jay Batongbacal, University of the Philippines College of Law, Ocean Yearbook
Beyond the scope of the dispute settlement 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. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. 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 UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law.
This title is included in Bloomsbury Professional's International Arbitration online service.
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 âNine-dash Lineâ and Chinaâs 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 Tribunalâs Interpretation and Application of Article 121(3)
V. Conclusions
5. Lawfulness of Chinese Activities in the South China Sea
I. Introduction
II. Lawfulness of Chinaâs 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