Protection and preservation of the marine environment in the South China Sea in the aftermath of the Philippines/China arbitration

2019 ◽  
pp. 162-178
Author(s):  
Sophia Kopela
Keyword(s):  
South China Sea ◽  
Marine Environment ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea

South China Sea Arbitral Awards: Main Findings and Assessment

2017 ◽  
Vol 20 (1) ◽  
pp. 367-407 ◽  
Author(s):  
Jin-Hyun Paik
Keyword(s):  
South China Sea ◽  
Marine Environment ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Proactive Approach ◽  
Refusal To Participate ◽  
The Relationship

The South China Sea arbitration was an unusual case involving many intricate legal and factual issues. The proceedings were both procedurally and substantively complex. In addition, the arbitration was marred from the beginning by China’s refusal to participate in the proceedings. Nevertheless, an arbitral tribunal was constituted in accordance with Annex vii to the UN Convention on the Law of the Sea. Once constituted, the Tribunal was able to conduct the proceedings expeditiously while assuring procedural fairness to both parties. The arbitral proceedings, which lasted three and half years since its initiation by the Philippines in January 2013, eventually produced two voluminous Awards. Both Awards were decided unanimously. The Awards marked an important milestone in terms of clarifying various provisions of the Convention. In particular, the Tribunal clarified the relationship between the Convention and prior historic rights that are at variance with its Convention. The Tribunal also undertook an unprecedented task in determining how Art. 121 (3) of the Convention should be interpreted and applied. The Tribunal took a broad and proactive approach towards the scope of the marine environment as well as that of the obligation of States to protect the marine environment. The Awards, however, are not free of controversy. Questions can be raised as to several aspects of the Awards. The Awards would have implications that go far beyond the immediate dispute. For the dispute between the Philippines and China, it remains to be seen whether the Awards, by addressing some of the most contentious legal issues, would help the Parties to find a constructive solution to their dispute in the South China Sea.

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.

Sign in / Sign up

Export Citation Format

Share Document