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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.
This book presents an in-depth analysis of the environmental issues
raised in the South China Sea Arbitration Awards, which have not
attracted as much attention in the Philippines as the "nine-dash
line". Specifically it focuses on the conservation of endangered
species and the conservation of fragile ecosystems in the South
China Sea. The aims of the book are two-fold. First, it seeks to
explain the Philippine perspective on the environmental aspects of
its dispute with China. The book reconstructs the Philippine
perspective in part by consulting several dozens of the hundreds of
documents that the Philippines submitted to the Tribunal. Some of
these documents were classified as secret and would thus have never
been made available to the public had it not been for the
arbitration. Second, it attempts to explain the decisions of the
Tribunal on jurisdiction and admissibility as well as the decisions
on the merits of the dispute. The book does this by consulting not
only the two Awards but also the hundreds of pages of transcripts,
expert reports, supplemental submissions and written responses by
the Philippines to questions posed by the Tribunal.
This book focuses on the decision of the Tribunal in the South
China Sea Arbitration that China had operated its law enforcement
vessels in ways that created risks of collision with Philippine
official vessels at Scarborough Shoal in April and May 2012. The
book explains the International Regulations for Preventing
Collisions at Sea (COLREGS) and the incidents in layperson's terms.
It analyzes China's violations of the COLREGS on the basis of
confidential Philippine documents declassified for the Arbitration,
technical works by professional mariners, and the reports submitted
by the navigational safety experts to the Tribunal. It pays
attention to Chinese post-arbitration critiques of the Tribunal 's
decision, which it characterizes as rationalizations of collisions
as instruments of Chinese foreign policy. It contrasts China's
conduct with the practice of the US and Western European States,
which mandate compliance with collision regulations even during law
enforcement operations. The book draws on sources in five languages
(English, French, German, Italian, and Spanish), and helps the
reader understand the pattern of China's harassment of vessels from
littoral and non-littoral States in the South China Sea as well as
the absence of legal foundations for China's rationalizations of
its behavior.
The vision of a 'new' international division of labour, involving
relocation of 'traditional' industrial activities to the Third
World and specialisation in 'high-technology' industries by
developed countries is an attractive one. But critics respond that
this vision conceals the reality of heightened exploitation in the
former and industrial and geographic decline in the latter.
However, critical approaches are sometimes vitiated by economistic,
functionalist and determinist arguments. Because of the potential
they offer to overcome these conceptual dilemmas, French regulation
theories have attracted attention among scholars from diverse
disciplines. This book assesses the implications of French
regulation theories for our understanding of the concept of the
international division of labour. It distinguishes the Parisian
approach, represented by Michel Aglietta and Alain Lipietz, from
the Grenoble school. It is based on a thorough study of the French
literature and on interviews with the major theorists. For
English-language readers, the book offers an excellent introduction
to Francophone debates in international political economy.
This book argues that a satisfactory theory of the international
division of labour must come to grips with the problems of
economism, functionalism and determinism that have sometimes
characterised Marxian approaches to this theme. It assesses the
implications of French regulation theories for this central concept
of international political economy. It covers not only the Parisian
variant, well represented in English through the work of Michel
Aglietta and Alain Lipietz, but also the no less important Grenoble
school.
This book presents an in-depth analysis of the environmental issues
raised in the South China Sea Arbitration Awards, which have not
attracted as much attention in the Philippines as the "nine-dash
line". Specifically it focuses on the conservation of endangered
species and the conservation of fragile ecosystems in the South
China Sea. The aims of the book are two-fold. First, it seeks to
explain the Philippine perspective on the environmental aspects of
its dispute with China. The book reconstructs the Philippine
perspective in part by consulting several dozens of the hundreds of
documents that the Philippines submitted to the Tribunal. Some of
these documents were classified as secret and would thus have never
been made available to the public had it not been for the
arbitration. Second, it attempts to explain the decisions of the
Tribunal on jurisdiction and admissibility as well as the decisions
on the merits of the dispute. The book does this by consulting not
only the two Awards but also the hundreds of pages of transcripts,
expert reports, supplemental submissions and written responses by
the Philippines to questions posed by the Tribunal.
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