China’s Informal Participation in the Annex vii Philippines v. China Arbitral Tribunal’s Proceedings

China’s Informal Participation in the Annex vii Philippines v. China Arbitral Tribunal’s... * Thanks are owed to Professor Barbara Kwiatkowska, former Deputy-Director of the Netherlands Institute for the Law of the Sea at Utrecht University and losc Independent Consultant, for her recommendations. All the errors are the author’s own. Funding: The article was supported by the Fundamental Research Funds for the Central Universities and the Research Funds of Renmin University of China.IntroductionOn 21 June 2013, the Annex vii arbitral tribunal in The Philippines v. China was established1 to conduct the compulsory arbitral procedure instituted by the Philippines, on 22 January 2013, under Part xv, Section 2, Annex vii of the 1982 United Nations Convention on the Law of the Sea (hereinafter losc)2 in respect of the dispute over maritime entitlements to the South China Sea. In contrast with prior Annex vii procedures, the present procedure has at least three landmark features. First, it is the first time that the People’s Republic of China has been brought to an inter-state arbitration since its foundation, and only the second time in history that China has been sued under international legal procedures. On 25 November 1926, China was sued before the Permanent Court of International Justice (pcij) by Belgium on the grounds of China’s http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

China’s Informal Participation in the Annex vii Philippines v. China Arbitral Tribunal’s Proceedings

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
D.O.I.
10.1163/15718085-12341345
Publisher site
See Article on Publisher Site

Abstract

* Thanks are owed to Professor Barbara Kwiatkowska, former Deputy-Director of the Netherlands Institute for the Law of the Sea at Utrecht University and losc Independent Consultant, for her recommendations. All the errors are the author’s own. Funding: The article was supported by the Fundamental Research Funds for the Central Universities and the Research Funds of Renmin University of China.IntroductionOn 21 June 2013, the Annex vii arbitral tribunal in The Philippines v. China was established1 to conduct the compulsory arbitral procedure instituted by the Philippines, on 22 January 2013, under Part xv, Section 2, Annex vii of the 1982 United Nations Convention on the Law of the Sea (hereinafter losc)2 in respect of the dispute over maritime entitlements to the South China Sea. In contrast with prior Annex vii procedures, the present procedure has at least three landmark features. First, it is the first time that the People’s Republic of China has been brought to an inter-state arbitration since its foundation, and only the second time in history that China has been sued under international legal procedures. On 25 November 1926, China was sued before the Permanent Court of International Justice (pcij) by Belgium on the grounds of China’s

Journal

The International Journal of Marine and Coastal LawBrill

Published: Feb 19, 2015

Keywords: China’s informal participation; Annex vii arbitral tribunal; informal communication; informal appearance; jurisdiction

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