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Arbitration Concerning the South China Sea - Philippines versus China (Hardcover, New edition)
Loot Price: R4,731
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Arbitration Concerning the South China Sea - Philippines versus China (Hardcover, New edition)
Series: Contemporary Issues in the South China Sea
Expected to ship within 12 - 17 working days
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On 22 January 2013, the Republic of the Philippines instituted
arbitral proceedings against the People's Republic of China (PRC)
under the United Nations Convention on the Law of the Sea (UNCLOS)
with regard to disputes between the two countries in the South
China Sea. The South China Sea Arbitration is a landmark case in
international law because of the parties involved, the legal
questions to be decided and the absence of one of the parties. As
revealed in its official statements, the PRC will neither accept
nor participate in this arbitration nor present written and oral
arguments in the tribunal room. Such default of appearance makes
applicable certain procedural rules. According to Article 9 of
Annex VII, the Tribunal, before making its Award, is obligated to
satisfy itself not only that it has jurisdiction over the dispute,
but also that the claims brought by the Philippines are
well-founded in fact and law. Therefore, it is necessary for the
Tribunal to look into all the claims brought forward by the
Philippines and all the disputes constituted by the claims in the
procedural phase. The possible arguments the PRC could make should
be explored during this process. This book brings together chapters
selected from well-established scholars in Asia, Europe and North
America addressing the issues arising from the South China Sea
Arbitration. It contains five easy to read parts: origin and
development of the South China Sea dispute; the jurisdiction and
admissibility of the case; international adjudication and dispute
settlement; legal issues arising from the case such as the legal
status of the U-shaped line and islands, rocks and low-tide
elevations; and the Arbitration case and its impact on regional
maritime security.
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