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The Defaulting State And The South China Sea Arbitration
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Book Synopsis The Defaulting State and the South China Sea Arbitration by : Alfredo C. Robles Jr.
Download or read book The Defaulting State and the South China Sea Arbitration written by Alfredo C. Robles Jr. and published by Springer Nature. This book was released on 2023-05-27 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the legal and procedural problems caused by China’s default in the South China Sea Arbitration. Many of these problems arose because in several respects, China departed from the conduct of other defaulting States in cases before the International Court of Justice. The book argues that the Tribunal, confronted with the difficulties of maintaining the balance between two parties in a situation of default, drew on the full range of its powers to ensure that neither China nor the Philippines would suffer from China’s default. Further, the book describes the shortcomings of the submissions of putative amicus curiae. It refutes China’s questioning of the independence and impartiality of the experts and of the judges. In so doing, it explains the expert opinions and the Tribunal ’s assessments of the latter in the areas of satellite imagery, coral reef ecology, and navigational safety, while rebutting the half- truths and counter-truths disseminated by Chinese scholars about the proceedings. The book compares China’s threats to the independence of the Tribunal to its behavior towards Chinese judges. It places China’s accusations of bias against the Tribunal in the context of China’s domestic situation, and concludes that the Tribunal, acting independently and impartially, was able to perform the judicial function, despite China’s default.
Book Synopsis The South China Sea Arbitration by : Yoshifumi Tanaka
Download or read book The South China Sea Arbitration written by Yoshifumi Tanaka and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Arbitration Concerning the South China Sea by : Shicun Wu
Download or read book Arbitration Concerning the South China Sea written by Shicun Wu and published by Routledge. This book was released on 2016-03-02 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The South China Sea Arbitration by : S. Jayakumar
Download or read book The South China Sea Arbitration written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The South China Sea Arbitration by : Alfredo C. Robles
Download or read book The South China Sea Arbitration written by Alfredo C. Robles and published by Liverpool University Press. This book was released on 2019-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.
Book Synopsis The South China Sea Arbitration by : Stefan Talmon
Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, 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 (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.
Book Synopsis South China Sea Lawfare by : Fu-Kuo Liu
Download or read book South China Sea Lawfare written by Fu-Kuo Liu and published by South China Sea Think Tank. This book was released on 2017-04-20 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: South China Sea Lawfare: Post-Arbitration Policy Options and Future Prospects is the second of two reports in the series published by the South China Sea Think Tank. Published shortly after the tribunal issued its final award in the Philippines v. China arbitration case in July 2016, the report is the result of a collaborative effort by an international team of authors and incorporates the diverse perspectives of claimants and non-claimant stakeholders in the South China Sea maritime territorial disputes.
Book Synopsis Vessel Collisions in the Law of the Sea by : Alfredo C. Robles Jr.
Download or read book Vessel Collisions in the Law of the Sea written by Alfredo C. Robles Jr. and published by Springer Nature. This book was released on 2022-12-08 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the decision of the Tribunal in the South China Sea Arbitration that China had operated its law enforcement vessels in ways that created risks of collision with Philippine official vessels at Scarborough Shoal in April and May 2012. The book explains the International Regulations for Preventing Collisions at Sea (COLREGS) and the incidents in layperson’s terms. It analyzes China’s violations of the COLREGS on the basis of confidential Philippine documents declassified for the Arbitration, technical works by professional mariners, and the reports submitted by the navigational safety experts to the Tribunal. It pays attention to Chinese post-arbitration critiques of the Tribunal ’s decision, which it characterizes as rationalizations of collisions as instruments of Chinese foreign policy. It contrasts China’s conduct with the practice of the US and Western European States, which mandate compliance with collision regulations even during law enforcement operations. The book draws on sources in five languages (English, French, German, Italian, and Spanish), and helps the reader understand the pattern of China’s harassment of vessels from littoral and non-littoral States in the South China Sea as well as the absence of legal foundations for China’s rationalizations of its behavior.
Book Synopsis South China Sea Lawfare by : Fu-Kuo Liu
Download or read book South China Sea Lawfare written by Fu-Kuo Liu and published by South China Sea Think Tank. This book was released on 2016-01-29 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: South China Sea Lawfare: Legal Perspectives and International Responses to the Philippines v. China Arbitration Case is the first of two reports published by the South China Sea Think Tank. Published shortly after the tribunal issued its first award in the Philippines v. China arbitration case, the report is the result of a collaborative effort by an international team of authors and incorporates the diverse perspectives of claimants and non-claimant stakeholders in the South China Sea maritime territorial disputes.
Book Synopsis Building a Normative Order in the South China Sea by : Tran Truong Thuy
Download or read book Building a Normative Order in the South China Sea written by Tran Truong Thuy and published by Edward Elgar Publishing. This book was released on 2019 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea, where a number of great powers and regional players contend for influence, has emerged as one of the most potentially explosive regions in the world today. What can be done to reduce the possibility of conflict, solve the outstanding territorial problems, and harness the potential of the sea to promote regional development, environmental sustainability and security? This book, with contributions from leading authorities in China, the Philippines, Vietnam, Australia, Singapore and the United States, seeks to illuminate these questions.
Book Synopsis Maritime and Territorial Disputes in the South China Sea by : Yih-Jye Hwang
Download or read book Maritime and Territorial Disputes in the South China Sea written by Yih-Jye Hwang and published by Routledge. This book was released on 2021-03-09 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.
Book Synopsis The South China Sea Arbitration by : Stefan Talmon
Download or read book The South China Sea Arbitration written by Stefan Talmon and published by BRILL. This book was released on 2022-08-08 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages with each step of the proceedings in the South China Sea landmark arbitration case, showing that the Arbitral Tribunal lacked jurisdiction to decide the case and that several of the claims presented were also inadmissible.
Book Synopsis Islands and Rocks in the South China Sea by : James Borton
Download or read book Islands and Rocks in the South China Sea written by James Borton and published by Xlibris Corporation. This book was released on 2017-04-17 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The situation in the South China Sea with regard to territorial disputes remains unsettled despite The Hagues Permanent Court of Arbitration unanimous ruling in favor of the Philippines and against Chinas historic rights to the South China Sea. This collection of academic essays examines many interpretations of international law on the legal status of the contested islands and rocks. Whats clear to all is that the failure to uphold international law and norms harms all claimants interests in the contested sea.
Book Synopsis In the Wake of Arbitration by : Murray Hiebert
Download or read book In the Wake of Arbitration written by Murray Hiebert and published by Rowman & Littlefield. This book was released on 2017-02-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Center for Strategic and International Studies (CSIS) hosted its sixth annual South China Sea conference in July 2016. The conference provided four panels of highly respected experts from 10 countries with a first opportunity to assess the results of the UN Convention on the Law of the Sea tribunal ruling and begin to measure its impact. This report contains papers by 10 of the panelists, providing a wide array of perspectives on the political, legal, military, and environmental outlook for the South China Sea in 2016.
Book Synopsis The South China Sea Arbitration by : Alfredo C. Robles
Download or read book The South China Sea Arbitration written by Alfredo C. Robles and published by . This book was released on 2018 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis China's Policy towards the South China Sea by : Lingqun Li
Download or read book China's Policy towards the South China Sea written by Lingqun Li and published by Routledge. This book was released on 2018-02-19 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an explanation of Chinese policy towards the South China Sea, and argues that this has been sculpted by the changing dynamics of the law of the sea in conjunction with regional geopolitical flux. The past few decades have witnessed a bifurcated trend in China’s management of territorial disputes. Over the years, while China gradually calmed and settled most land-border disputes with its neighbors, disputes on the ocean frontier continued to simmer in a seething cauldron. China's Policy towards the South China Sea attributes the distinctive path of China’s approach to maritime disputes to a unique factor – the law of the sea (LOS) as the "rules of the road" in the ocean. By deconstructing the concept of "sovereignty" and treating the LOS as an evolving regime, the book examines how the changing dynamics of the LOS regime have complicated and reshaped the nature and content of sovereign disputes in the ocean regime as well as the options of settlement. Applying the findings to the South China Sea case, the author traces the learning curve on which China has embarked to comprehend the complexity of the dispute accordingly and finds that it is the dynamic interaction of the law of the sea regime and the geopolitical conditions that has driven the evolution of China’s South China Sea policy. This book will be of great interest to students of Chinese and Asian politics, international law, international relations and security studies.
Book Synopsis Arbitration Concerning the South China Sea by : Shicun Wu
Download or read book Arbitration Concerning the South China Sea written by Shicun Wu and published by . This book was released on 2016 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
