Dispute settlement mechanisms for South China Sea issues

2021 ◽  
pp. 413-425
Author(s):  
J. Ashley Roach
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
China Sea ◽  
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.

How Does the Amicus Curiae Submission Affect a Tribunal Decision?

2017 ◽  
Vol 30 (3) ◽  
pp. 647-660
Author(s):  
YEN-CHIANG CHANG
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
Arbitral Tribunal ◽  
Amicus Curiae ◽  
China Sea ◽  
International Court ◽  
Rules Of Procedure ◽  
Dispute Settlement Mechanisms

AbstractIn the South China Sea Arbitration initiated by the Philippines against China, the Chinese (Taiwan) Society of International Law (CSIL) submitted an amicus curiae brief to the Annex VII arbitral tribunal established in accordance with United Nations Convention on the Law of the Sea (UNCLOS). This article first analyzes the definition and legal nature of amicus curiae status, then introduces cases involving amicus curiae in the International Court of Justice (ICJ) and UNCLOS dispute settlement mechanisms. By analyzing relevant statutes and rules of procedure, this article assesses the acceptance of amicus curiae submissions by international courts or tribunals, in different dispute settlement mechanisms. Finally, the article describes the significance of the amicus curiae brief submitted by CSIL to the arbitral tribunal, concluding that the South China Sea Arbitral Tribunal did take the amicus curiae submission into account, but exercised caution in its consideration.

scholarly journals The Disputes of South China Sea From International Law Perspective

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro
Keyword(s):  
Conflict Resolution ◽  
South China Sea ◽  
International Law ◽  
South China ◽  
Dispute Settlement ◽  
Oil And Gas ◽  
Applied Theory ◽  
Territorial Dispute ◽  
China Sea ◽  
Theory Of Law

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>

scholarly journals The Disputes of South China Sea From International Law Perspective

2015 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro
Keyword(s):  
Conflict Resolution ◽  
South China Sea ◽  
International Law ◽  
South China ◽  
Dispute Settlement ◽  
Oil And Gas ◽  
Applied Theory ◽  
Territorial Dispute ◽  
China Sea ◽  
Theory Of Law

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>

scholarly journals Historic Rights in the South China Sea

2019 ◽  
Vol 7 (2) ◽  
pp. 208-225
Author(s):  
Qiang Ye
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Customary International Law ◽  
China Sea ◽  
Legal Implications

Abstract China has, without challenge, enjoyed and exercised certain rights in the South China Sea throughout recorded history. Those rights do not derive from the 1982 United Nations Convention on the Law of the Sea; rather, they exist under customary international law and commonly known as ‘historic rights’. Recent interpretations related to those rights, however, remain highly controversial, which can be typically seen from the South China Sea Arbitration Case initiated by the Philippines against China. This article gives a case-by-case study based on China’s diplomatic positions on historic rights and compares them with certain international practice from an academic perspective; and then it examines the possible content and nature of historic-related rights enjoyed by China in the South China Sea and evaluates its legal implications on the dispute settlement approach in this region.

Introduction: The South China Sea: An International Law Perspective

2017 ◽  
Vol 32 (2) ◽  
pp. 193-197 ◽  
Author(s):  
Erik Franckx ◽  
Marco Benatar
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Dispute Settlement ◽  
The South China Sea ◽  
Special Issue ◽  
The South ◽  
China Sea ◽  
International Dispute ◽  
History Of

This piece offers the Guest Editors’ Introduction to this Special Issue of The International Journal of Marine and Coastal Law—dedicated to the South China Sea. It outlines the history of the 2015 Brussels Conference at which the papers in the Special Issue were first presented, notes the key presentations and introduces the authors. Four subject matters are addressed: fisheries, navigation, the regime of islands, and international dispute settlement.

TheSouth China Sea Award: How Should We Read the UN Convention on the Law of the Sea?

2018 ◽  
Vol 8 (1) ◽  
pp. 51-63 ◽  
Author(s):  
Douglas GUILFOYLE
Keyword(s):  
South China Sea ◽  
United Nations ◽  
South China ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Settlement System ◽  
China Sea ◽  
United Nations Convention ◽  
The Law ◽  
Dispute Settlement System

AbstractThe conventional wisdom has been that the United Nations Convention on the Law of the Sea [UNCLOS] Part XV dispute settlement system is narrowly restricted and this reflects the drafters’ intent. Thus, tribunals should cautiously interpret Part XV, giving broad effect to its jurisdictional limitations. The unanimous award inSouth China Seadeals this approach a blow. Indeed, it assumes a fundamentally different orientation to interpreting UNCLOS: one which implicitly takes the foremost principle of Part XV as being its compulsory and comprehensive character. This approach is rooted in a very different understanding of UNCLOS as a “package deal” and the consensus it reflects. Indeed, I argue that any interpretation of ambiguous provisions of UNLCOS is necessarily coloured by one’s view of the struggles involved in its negotiation. Further evidence of this difference of approach inSouth China Seais found, in particular, in its treatment of the regime of islands.

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