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

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

Autor Yoshifumi Tanaka
en Limba Engleză Paperback – 16 iun 2021
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.
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Specificații

ISBN-13: 9781509952212
ISBN-10: 1509952217
Pagini: 312
Dimensiuni: 156 x 234 mm
Greutate: 0.44 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Survey of hugely significant South China Sea arbitration

Notă biografică

Yoshifumi Tanaka is Professor of International Law, with specific focus on the law of the sea, Faculty of Law, University of Copenhagen.

Cuprins

1. Introduction I. Introduction II. Course of the Litigation III. Framework for Analysis: Triple Viewpoint IV. Conclusions2. 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 UNCLOSVI. Conclusions3. The 'Nine-dash Line' and China's Claim to Historic Rights in the South China Sea I. Introduction II. The Concept of Historic Rights III. Three Phases of Analysis IV. Conclusions4. 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 Tribunal's Interpretation and Application of Article 121(3) V. Conclusions5. Lawfulness of Chinese Activities in the South China Sea I. Introduction II. Lawfulness of China's Actions in the South China Sea III. Aggravation or Extension of the Dispute between the Parties IV. Conclusions6. 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. Conclusions7. General Conclusion

Recenzii

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.
This book constitutes a very useful presentation of this arbitration and we must underline the quality of its realization.
A valuable source of reference for international law of the sea scholars and practitioners.
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.