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A Landmark Decision in the South China Sea: The Scope and Implications of the Arbitral Tribunal’s Award

A Landmark Decision in the South China Sea: The Scope and Implications of the Arbitral Tribunal’s... A Landmark Decision in the South China Sea: The Scope and Implications of the Arbitral Tribunal’s Award On 12 July 2016, the Arbitral Tribunal in the case between the Philippines and China delivered its award.1 The Tribunal’s ruling represents a sweeping victory for the Philippines and fundamentally alters the international legal land, or more appropriately, seascape of the South China Sea. This article has three aims: first, to outline the character of the Tribunal and the status of its award; second to summarize the Tribunal’s main findings; and third, to explore some of the potential implications of the award, both within and beyond the South China Sea. The Tribunal and the Status of the Award Both China and the Philippines are parties to the United Nations Convention on the Law of the Sea (UNCLOS, or the Convention). Part XV of the Convention, which deals with the settlement of disputes, sets out a variety of “compulsory procedures entailing binding decisions” including arbitration in accordance with procedures is Professor and Director of Research, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia. He served as an independent witness (provided by the Philippines) to the Arbitral Tribunal http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Contemporary Southeast Asia: A Journal of International and Strategic Affairs Institute of Southeast Asian Studies

A Landmark Decision in the South China Sea: The Scope and Implications of the Arbitral Tribunal’s Award

A Landmark Decision in the South China Sea: The Scope and Implications of the Arbitral Tribunal’s Award


A Landmark Decision in the South China Sea: The Scope and Implications of the Arbitral Tribunal’s Award On 12 July 2016, the Arbitral Tribunal in the case between the Philippines and China delivered its award.1 The Tribunal’s ruling represents a sweeping victory for the Philippines and fundamentally alters the international legal land, or more appropriately, seascape of the South China Sea. This article has three aims: first, to outline the character of the Tribunal and the status of its award; second to summarize the Tribunal’s main findings; and third, to explore some of the potential implications of the award, both within and beyond the South China Sea. The Tribunal and the Status of the Award Both China and the Philippines are parties to the United Nations Convention on the Law of the Sea (UNCLOS, or the Convention). Part XV of the Convention, which deals with the settlement of disputes, sets out a variety of “compulsory procedures entailing binding decisions” including arbitration in accordance with procedures is Professor and Director of Research, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia. He served as an independent witness (provided by the Philippines) to the Arbitral Tribunal in the case between the Republic of the Philippines and the People’s Republic of China. Postal address: ITAMS Building, Innovation Campus, Squires Road, North Wollongong, NSW 2500, Australia; email: clives@uow.edu.au. 01 Roundtable-3P.indd 339 23/11/16 10:26 am contained in Annex VII.2 It is these provisions that the Philippines invoked to initiate the arbitration through a Statement of Claim of 22 January 2013.3 As the Tribunal arose from UNCLOS, sovereignty questions concerning disputed islands in the South China Sea were beyond its jurisdiction. China rejected the initiation of the arbitration, arguing that...
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Publisher
Institute of Southeast Asian Studies
Copyright
Copyright © The Institute of Southeast Asian Studies.
ISSN
1793-284X
Publisher site
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Abstract

A Landmark Decision in the South China Sea: The Scope and Implications of the Arbitral Tribunal’s Award On 12 July 2016, the Arbitral Tribunal in the case between the Philippines and China delivered its award.1 The Tribunal’s ruling represents a sweeping victory for the Philippines and fundamentally alters the international legal land, or more appropriately, seascape of the South China Sea. This article has three aims: first, to outline the character of the Tribunal and the status of its award; second to summarize the Tribunal’s main findings; and third, to explore some of the potential implications of the award, both within and beyond the South China Sea. The Tribunal and the Status of the Award Both China and the Philippines are parties to the United Nations Convention on the Law of the Sea (UNCLOS, or the Convention). Part XV of the Convention, which deals with the settlement of disputes, sets out a variety of “compulsory procedures entailing binding decisions” including arbitration in accordance with procedures is Professor and Director of Research, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia. He served as an independent witness (provided by the Philippines) to the Arbitral Tribunal

Journal

Contemporary Southeast Asia: A Journal of International and Strategic AffairsInstitute of Southeast Asian Studies

Published: Feb 4, 2016

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