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Vol 21 No 9 Sept/Oct 2016

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Arbitration Concerning the South China Sea: Philippines versus China

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Edited by: Shicun Wu, Keyuan Zou

ISBN13: 9781472459602
Published: March 2016
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

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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.

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Public International Law, Other Jurisdictions , Arbitration and Dispute Resolution, China, Asia
Part I Introduction: Philippines v. China arbitration case concerning the South China Sea: an introduction, Shicun Wu and Keyuan Zou.

Part II Origins and Developments of the South China Sea Disputes: Competing claims over the South China Sea islands and the way forward: a Chinese perspective on the Philippine-China arbitration case, Shicun Wu
The South China Sea disputes are not yet justiciable, Anthony Carty.

Part III Dispute Resolution Procedure, Jurisdiction and Admissibility: Conciliation and Article 298 dispute resolution procedures under the Law of the Sea Convention, Donald Rothwell
The legal status of maritime features in the Sino-Philippine South China Sea arbitration: admissibility and jurisdiction, Michael Sheng-ti Gau
Does China's Position Paper on the South China Sea Arbitration constitute a preliminary objection?, Qiang Ye
The Arctic Sunrise case and its implications for China, Jun Zhao and Jiang Li.

Part IV The U-shaped Line and Geographic Features: The U-shaped line and historic rights in the Philippines v. China arbitration case, Keyuan Zou and Xinchang Liu
The Law of the Sea Convention and the U-shaped line: some comments, Ted L. McDorman
The South China Sea arbitration case filed by the Philippines against China: arguments concerning low tide elevations, rocks, and islands, Yann-huei Song
Offshore geographic features and their significance to sovereignty and maritime claims, Robert Beckman and Leonardo Bernard.

Part V Law Enforcement and Regional Impact: Fishery resources management in a disputed maritime zone: a political and legal analysis, Dustin Kuan-Hsiung Wang
Law enforcement in a disputed maritime zone: a political and legal analysis, Nong Hong
The impact of the arbitration case on regional maritime security, Sam Bateman