
Hart Publishing
The South China Sea Arbitration : Toward an International Legal Order in the Oceans
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The South China Sea Arbitration
Author(s): Yoshifumi Tanaka
Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. In considering these issues, this book examines the South China Sea arbitration in three respects: (i) the clarification of relevant rules and obligations under the UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law.
Review(s):
“The book is commendable for the extensive literature consulted and referenced, and researchers will find the 'Further Reading' section at the end of each chapter an excellent resource. The analysis is careful and considered throughout and will undoubtedly be of interest to the many scholars and practitioners.” —The International Journal of Marine and Coastal Law
ISBN: 9781509952212
Author(s): Yoshifumi Tanaka
Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. In considering these issues, this book examines the South China Sea arbitration in three respects: (i) the clarification of relevant rules and obligations under the UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law.
Review(s):
“The book is commendable for the extensive literature consulted and referenced, and researchers will find the 'Further Reading' section at the end of each chapter an excellent resource. The analysis is careful and considered throughout and will undoubtedly be of interest to the many scholars and practitioners.” —The International Journal of Marine and Coastal Law
ISBN: 9781509952212