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The South China Sea Arbitration

Author: Stefan Talmon
Publisher: Bloomsbury Publishing
ISBN: 1782256172
Size: 32.66 MB
Format: PDF
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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 (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, 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 (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.

The South China Sea Arbitration

Author: Stefan Talmon
Publisher: Hart Pub Limited
ISBN: 9781849465472
Size: 70.84 MB
Format: PDF, Kindle
View: 3733
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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 (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, 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 (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.

The South China Sea Arbitration

Author: Stefan Talmon
Publisher: Bloomsbury Publishing
ISBN: 1782253750
Size: 14.14 MB
Format: PDF, Kindle
View: 1866
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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 (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, 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 (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.

Arbitration Concerning The South China Sea

Author: Shicun Wu
Publisher: Routledge
ISBN: 1317179889
Size: 63.33 MB
Format: PDF
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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.

Solving Disputes For Regional Cooperation And Development In The South China Sea

Author: Shicun Wu
Publisher: Elsevier
ISBN: 1780633556
Size: 67.14 MB
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This book discusses the South China Sea dispute from a Chinese perspective with regards to history, law, international politics, the economy, diplomacy and military affairs. Not only does it detail China’s official position on the sovereignty and maritime disputes in the South China Sea, but also provides analyses of the related factors influencing the origin and development of these disputes. It further assesses the complexity, internationalisation and long-term struggle over the South China Sea and China’s efforts in dispute resolution. Solving Disputes for Regional Cooperation and Development aims to help readers better understand a Chinese perspective on the complexity of the South China Sea disputes, including competition over the sovereignty of the islets, islands regime and its impact on maritime delimitation, overlapping maritime claims, and how the adjacent states can cooperate for resource development in the South China Sea. This title is highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea, and covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs. Highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea Covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs One of the very few books written by a Chinese scholar in English in this area

South China Sea Disputes The Historical Geopolitical And Legal Studies

Author: Hsieh Tsu-sung
Publisher: World Scientific
ISBN: 9813234903
Size: 34.20 MB
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The South China Sea Disputes: Historical, Geopolitical and Legal Studies covers various issues regarding the currently controversial theme of the South China Sea (SCS) disputes. It contains insights by scholars mostly from Republic of China (Taiwan), along with ones from Peoples' Republic of China (mainland China), the Philippines, Australia, and the United States (US). The book is divided into three sections, wherein the historical analysis section illustrates certain important but currently neglected treaties for SCS, e.g., the San Francisco Peace Treaty, the Taipei Treaty, and the Cairo Declaration. In particular, the Nationalist government's efforts to recover the Chinese sovereignty in the islands of SCS after the end of World War II are covered. Archival research found in the national archives of the Taiwan, the United Kingdom, the US, and Japan, revealing materials with potential for enhancing territorial and sovereignty claims is covered. In addition, the US State Department historical materials on the SCS disputes are also shown. The geopolitical analysis section in the book specifically addresses the state practice in SCS by Taiwan. It also reveals Taiwan's evolving attitudes from thoughtful planning to perfunctory policy thereof. The circumstances of US–China rivalry in the SCS are also discussed. The legal analysis section includes an explanation of the arbitral award of the SCS, wherein it argues that this arbitration is a non-justiciable dispute resolution. This book serves as a good reference for readers interested in South China Sea disputes. Contents: A Neglected Treaty for the South China Sea (Man-houng Lin) The Nationalist Government's Efforts to Recover Chinese Sovereignty Over the Islands in the South China Sea After the End of World War II (Chen Qianping) Archival Research to Enhance Territorial and Sovereignty Claims (Vivian Louis Forbes) American Diplomatic Correspondence on the Philippine Claims in the South China Sea (Jay L Batongbacal) Recent State Practice and Strategy on South China Sea Disputes: From Taiwan's Perspective (Mu-lan Kao) A Struggle Without Breaking: The US–China Rivalry in the South China Sea (Kuanghua Liu) Issue of Non-Participation in the South China Sea Arbitration (Tsu-sung Hsieh) Readership: Policymakers, academics, professionals, undergraduate and graduate students interested in South China Sea disputes. Keywords: South China Sea Arbitration;The Taipei Treaty;Nationalist Government;National Archives;Kalayaan Island;U-Shaped Line;Nine-Dash Line;Taiping Island (Itu Aba);UNCLOS;Historic RightReview:0

The South China Sea Arbitration

Author: S. Jayakumar
Publisher: Edward Elgar Publishing
ISBN: 9781788116268
Size: 23.97 MB
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Bringing together leading experts on the law of the sea, The South China Sea Arbitration 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.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.

Vietnam And The South China Sea

Author: Do Thanh Hai
Publisher: Taylor & Francis
ISBN: 1317398203
Size: 22.78 MB
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Studies of the escalating tensions and competing claims in the South China Sea overwhelmingly focus on China and its increasingly assertive approach, while the position of the other claimants is overlooked. This book focuses on the attitude of Vietnam towards the South China Sea dispute. It examines the position from a historical perspective, shows how Vietnam’s position is affected by its wish to maintain good relations with China on a range of issues, and outlines how Vietnam has occasionally made overtures to both the United States and Japan in order to bolster its position, and considered the possibility, so far resisted, of taking China to formal arbitration under the auspices of the United Nations Convention on the Law of the Sea. The book concludes by assessing the future prospects for Vietnam’s position in the dispute.

In The Wake Of Arbitration

Author: Murray Hiebert
Publisher: Rowman & Littlefield
ISBN: 1442279850
Size: 50.56 MB
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The Center for Strategic and International Studies (CSIS) hosted its sixth annual South China Sea conference in July 2016. The conference provided four panels of highly respected experts from 10 countries with a first opportunity to assess the results of the UN Convention on the Law of the Sea tribunal ruling and begin to measure its impact.

Territorial Disputes In The South China Sea

Author: J. Huang
Publisher: Palgrave Macmillan
ISBN: 9781349499250
Size: 32.19 MB
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Heightened tensions in the South China Sea have raised serious concerns about the dangers of conflict in this region as a result of unresolved, complex territorial disputes. This volume offers detailed insights into a range of country-perspectives, addressing the historical, legal, structural, regional and multilateral dimensions of these disputes