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Books > Law > International law > Public international law
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The Defaulting State and the South China Sea Arbitration (Hardcover, 1st ed. 2023)
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The Defaulting State and the South China Sea Arbitration (Hardcover, 1st ed. 2023)
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This book focuses on the legal and procedural problems caused by
China’s default in the South China Sea Arbitration. Many of these
problems arose because in several respects, China departed from the
conduct of other defaulting States in cases before the
International Court of Justice. The book argues that the Tribunal,
confronted with the difficulties of maintaining the balance between
two parties in a situation of default, drew on the full range of
its powers to ensure that neither China nor the Philippines would
suffer from China’s default. Further, the book describes the
shortcomings of the submissions of putative amicus curiae. It
refutes China’s questioning of the independence and impartiality
of the experts and of the judges. In so doing, it explains the
expert opinions and the Tribunal’s assessments of the latter in
the areas of satellite imagery, coral reef ecology, and
navigational safety, while rebutting the halftruths and
counter-truths disseminated by Chinese scholars about the
proceedings. The book compares China’s threats to the
independence of the Tribunal to its behavior towards Chinese
judges. It places China’s accusations of bias against the
Tribunal in the context of China’s domestic situation, and
concludes that the Tribunal, acting independently and impartially,
was able to perform the judicial function, despite China’s
default.
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