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

Description

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.

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 'Further Reading' 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 Francais 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 Tribunal's reasoning, it also provides helpful context by connecting the case's 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 *