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Vol 24 No 4 April/May 2019

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The South China Sea Arbitration: The Legal Dimension

ISBN13: 9781788116268
Published: October 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £100.00

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Bringing together leading experts on the law of the sea, this book 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. It examines major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. It also explores the implications of the case for the South China Sea disputes and dispute settlement under the 1982 United Nations Convention on the Law of the Sea.

Public International Law
1. The South China Sea Arbitration: Laying the Groundwork
Part I: Jurisdiction and Procedure
2. Jurisdictional Issues in the South China Sea Arbitration
Robert Beckman
3. Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle
Stuart Kaye
4. Procedural Issues Arising from China’s Non-Participation in the South China Sea Arbitration
Tara Davenport
Part II: Maritime Entitlements
5. Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now?
Clive Symmons
6. Determining High-tide Features(or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography Perspective
Youna Lyons, Luu Quang Hung and Pavel Tkalich
7. The Arbitral Tribunal’s Interpretation of Paragraph 3 in Article 121: A First But Important Step Forward
Erik Franckx
8. UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation?
Myron Nordquist
9. Artificial Islands in the South China Sea: The Legal Regime and Implications of the Award
J Ashley Roach
Part III: Marine Environment
10. The South China Sea Arbitral Award, Part XII of UNCLOS and the Protection and Preservation of the Marine Environment
Nilufer Oral
11. Rocks Versus Islands: Implications for Protection of the Marine Environment
J Ashley Roach
Part IV: Conclusion
12. Conclusion