Thẻ: UNCLOS Arbitral Tribunal award

The July 2016 South China Sea arbitral ruling: ARBITRATION SUPPORT TRACKER

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PUBLISHED: JULY 18, 2023

Seven years have passed since the July 2016 South China Sea arbitral ruling was issued. Through 2022, most countries’ positions on the arbitration had remained the same as their initial positions taken in the weeks following the ruling. But in the last year, amid renewed concern for international rules and norms in the wake of the war in Ukraine and with a more active Philippine policy on the South China Sea, numerous countries have voiced their support for the ruling as legally binding.

Tiếp tục đọc “The July 2016 South China Sea arbitral ruling: ARBITRATION SUPPORT TRACKER” →

A new twist in the South China Sea Arbitration: The Chinese Society of International Law’s Critical Study

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Published on May 25, 2018        Author: , EJIL Talk

On Monday 14 May 2018 the Chinese Journal of International Law, an Oxford University Press journal, published an extraordinary 500 page “Critical Study” of the Awards on jurisdiction and the merits in the South China Sea Arbitration between the Philippines and China. Readers will recall the case was brought under the UN Convention on the Law of the Sea (UNCLOS) by the Philippines against China and that there was an awards on jurisdiction in 2015 and a final award on the merits in 2016 (discussed in many places including here, here, here, here and here). The Critical Study was produced by the joint efforts of some 70 scholars and is listed as having been authored by the Chinese Society of International Law (CSIL). It examines almost every issue raised in the case – and several that weren’t – and concludes the Tribunal was catastrophically wrong on every single point, right down to how many times the Philippines was allowed to amend its pleadings. Tiếp tục đọc “A new twist in the South China Sea Arbitration: The Chinese Society of International Law’s Critical Study” →

Tracking China’s Compliance with the South China Sea Arbitral Award

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Lawfareblog

By Julian Ku, Chris Mirasola

Monday, October 3, 2016, 2:39 PM

Since the arbitral tribunal formed pursuant to the UN Convention for the Law of the Sea (UNCLOS) handed China a stunning legal defeat in July, China has loudly proclaimed its intention to ignore the arbitral award.  For most analysts of the region, it has been a working assumption that China has not and will not comply with any parts of the award.   But China’s statements that it will ignore the award do not necessarily mean that it is currently in complete non-compliance or that it will never come into compliance in the future.  China’s actions, as opposed to terse public statements, must be assessed as a measure of its compliance. Tiếp tục đọc “Tracking China’s Compliance with the South China Sea Arbitral Award” →