scholarly journals The South China Sea Arbitration: Innovations in Marine Environmental Fact-Finding and due Diligence Obligations

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 285-289 ◽  
Author(s):  
Makane Moïse Mbengue
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Environmental Disputes ◽  
Fact Finding ◽  
New Generation ◽  
Marine Environmental

The South China Sea Arbitration is a leading case in a new generation of environmental disputes, namely, environmental disputes that occur in disputed territorial or maritime areas. The dispute between the Philippines and China before the United Nations Convention on the Law of the Sea (UNCLOS) Annex VII Tribunal (the Tribunal) dealt in significant part with the Philippines’ allegations of environmental violations by China. The Philippines asserted that China tolerated harmful fishing practices and proceeded with harmful construction activities, and that both caused serious harm to the marine environment of the South China Sea.

scholarly journals Judicial Fact-Finding Initiatives in the South China Sea Arbitration

2018 ◽  
Vol 9 (1) ◽  
pp. 20-30 ◽  
Author(s):  
Jacqueline Joyce F. ESPENILLA
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Legal Issues ◽  
The South ◽  
China Sea ◽  
Article 9 ◽  
Fact Finding ◽  
The Unclos

AbstractThe historic Award in the South China Sea Arbitration gave much-needed clarity to many of the complex legal issues lying at the heart of the Philippines-China maritime dispute. Often overlooked, however, is the procedural significance of the case. This Comment submits that the South China Sea Arbitration represents a shift towards the use of judicial fact-finding initiatives as a means to overcome the adjudicatory challenges inherent to highly technical and scientific cases where one Party fails or refuses to participate. Even more striking, the Tribunal’s independently acquired facts appear to be the basis for the majority of its conclusions in the Award. This Comment highlights the appropriateness and practicality of the Tribunal’s actions in view of its extraordinary obligation under Article 9 of Annex VII of the UNCLOS to “satisfy itself” that the Philippines’ claims are “well-founded in fact and law”.

The South China Sea Arbitration: Bindingness, Finality, and Compliance with UNCLOS Dispute Settlement Decisions

2017 ◽  
Vol 8 (1) ◽  
pp. 36-50
Author(s):  
Hao Duy PHAN ◽  
Lan Ngoc NGUYEN
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Binding Force ◽  
State Compliance ◽  
Dispute Settlement Mechanisms

AbstractOn 12 July 2016, the Tribunal in theSouth China Seaarbitration issued its final award. China rejected the ruling as “null and void”. The Philippines dismissed it as “a piece of paper” after initially hailing the ruling a “milestone decision”. The reactions of the parties concerned raise important questions about the bindingness, finality, and state compliance with UNCLOS dispute settlement decisions. This paper addresses these questions by dissecting China’s arguments that the award “has no binding force” and by examining the options available for promoting compliance with the award. The paper also considers the broader question of how states generally comply with UNCLOS dispute settlement decisions and evaluates the significance of UNCLOS dispute settlement mechanisms, including theSouth China Seaarbitration, in the absence of external enforcement.

Diurnal Cycle of Coastal Convection in the South China Sea Region and Modulation by the BSISO

2021 ◽  
pp. 1-53
Author(s):  
Weixin Xu ◽  
Steven A. Rutledge ◽  
Kyle Chudler
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Boreal Summer ◽  
Total Precipitation ◽  
The South ◽  
Low Level ◽  
China Sea ◽  
Diurnal Cycles

AbstractUsing 17-yr spaceborne precipitation radar measurements, this study investigates how diurnal cycles of rainfall and convective characteristics over the South China Sea region are modulated by the Boreal Summer Intraseasonal Oscillation (BSISO). Generally, diurnal cycles change significantly between suppressed and active BSISO periods. Over the Philippines and Indochina, where the low-level monsoon flows impinge on coast lines, diurnal cycles of rainfall and many convective properties are enhanced during suppressed periods. During active periods, diurnal variation of convection is still significant over land but diminishes over water. Also, afternoon peaks of rainfall and MCS populations over land are obviously extended in active periods, mainly through the enhancement of stratiform precipitation. Over Borneo, where the prevailing low-level winds are parallel to coasts, diurnal cycles (both onshore and offshore) are actually stronger during active periods. Radar profiles also demonstrate a pronounced nocturnal offshore propagation of deep convection over western Borneo in active periods. During suppressed periods, coastal afternoon convection over Borneo is reduced, and peak convection occurs over the mountains until the convective suppression is overcome in the late afternoon or evening. A major portion (> 70%) of the total precipitation over Philippines and Indochina during suppressed periods falls from afternoon isolated to medium-sized systems (< 10,000 km2), but more than 70% of the active BSISO rainfall is contributed by nocturnal (after 18 LT) broad precipitation systems (> 10,000 km2). However, offshore total precipitation is dominated by large precipitation systems (> 10,000 km2) regardless of BSISO phases and regions.

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