Can Someone Please Settle This Dispute? Canadian Softwood Lumber and the Dispute Settlement Mechanisms of the NAFTA and the WTO

World Economy ◽  
2006 ◽  
Vol 29 (5) ◽  
pp. 585-610 ◽  
Author(s):  
Greg Anderson
Keyword(s):  
Dispute Settlement ◽  
Softwood Lumber ◽  
Dispute Settlement Mechanisms

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.

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