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Books > Law > International law > Settlement of international disputes > International arbitration
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The South China Sea Arbitration - Understanding the Awards and Debating with China (Paperback)
Loot Price: R1,727
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The South China Sea Arbitration - Understanding the Awards and Debating with China (Paperback)
Series: The Sussex Library of Asian & Asian American Studies
Expected to ship within 12 - 17 working days
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The South China Sea Arbitration, which marks the first time that
the Philippines and China have been parties to a compulsory dispute
settlement procedure, is a landmark legal case. The Tribunal
tackled head-on critical issues in the interpretation and
application of the UN Convention on the Law of the Sea that other
international courts have failed to address, particularly the
compatibility of historic rights with the Convention, the
identification of maritime features as permanently submerged or
above water at high-tide, and the distinction between features that
are fully entitled to maritime zones and those that are not. In
addition, the Tribunal also had to decide on issues as diverse as
near-collisions at sea, illegal fishing of giant clams and sea
turtles, and the destruction of fragile coral reefs resulting from
island-building. The Tribunals task was rendered arduous by Chinas
refusal to appear before it. In these circumstances, understanding
the Tribunals decisions is a challenging undertaking. Chinas public
relations campaign targeting the proceedings raised issues that the
layperson could readily grasp, notably African states support for
its non-appearance, the integrity of the judges, and the validity
of arbitral awards. Understanding the Awards and Debating with
China aims to facilitate understanding of the South China Sea
Arbitration by presenting detailed summaries of the two Arbitral
Awards. The author rebuts the questionable claims raised by Chinas
public relations campaign and highlights Chinas covert actions
during the proceedings.
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