Journal Article

The South China Sea Arbitration Awards: A Critical Study

in Chinese Journal of International Law

Volume 17, issue 2, pages 207-748
Published in print June 2018 | ISSN: 1540-1650
Published online May 2018 | e-ISSN: 1746-9937 | DOI: https://dx.doi.org/10.1093/chinesejil/jmy012
The South China Sea Arbitration Awards: A Critical Study

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Abstract

This critical Study analyzes in detail the award on jurisdiction and admissibility of 29 October 2015 and the award of 12 July 2016 in the South China Sea Arbitration. After briefly introducing the project and the Study and describing the background to and course of the South China Sea Arbitration and the position of the Chinese Government, the Study moves to address one by one the following matters: jurisdiction; admissibility; historic rights; the status of China’s Nansha Qundao and Zhongsha Qundao; the legality of China’s activities in the South China Sea; due process and evidence. The Study closes with the conclusion that the Tribunal’s many errors deprive its awards of validity and threaten to undermine the international rule of law. Included as annexes are five useful official documents of the Chinese government on jurisdiction, the two awards, China’s territorial sovereignty and maritime rights and interests in the South China Sea, and China’s adherence to the position of settling through negotiation the relevant disputes between China and the Philippines in the South China Sea.

Journal Article.  232912 words.  Illustrated.

Subjects: International Law

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