Arbitration Concerning the South China Sea: Philippines versus China

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Routledge, Mar 2, 2016 - Political Science - 290 pages
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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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List of Editors and Contributors
Competing Claims over the South China Sea Islands and
Conciliation and Article 298 Dispute Resolution Procedures
The Legal Status of Maritime Features in the SinoPhilippine
Does Chinas Position Paper on the South China Sea Arbitration
The Arctic Sunrise Case and Its Implications for China
The UShaped Line and Historic Rights in the Philippines v
The South China Sea Arbitration Case Filed by the Philippines
The Significance of Offshore Geographic Features to Maritime
The Impact of the Arbitration Case on Regional Maritime
Notification and Statement of Claim Government
Position Paper of the Government of the Peoples

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About the author (2016)

Shicun Wu, PhD in History, is President of the National Institute for South China Sea Studies, and Deputy Director of the National Collaborative Center of South China Sea Studies, Nanjing University. Dr Wu’s research interests cover the history and geography of the South China Sea, maritime delimitation, maritime economy, international relations and regional security strategy. Keyuan Zou is Harris Professor of International Law at the Lancashire Law School of the University of Central Lancashire (UCLan), United Kingdom. He specializes in international law, in particular law of the sea and international environmental law.

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