Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. In considering these issues, this book examines the South China Sea arbitration in three respects: (i) the clarification of relevant rules and obligations under the UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law.
1. Introduction I. Introduction II. Course of the Litigation III. Framework for Analysis: Triple Viewpoint IV. Conclusions 2. Jurisdiction and Admissibility I. Introduction II. Treatment of the Non-appearing State III. Treatment of Third Parties IV. Jurisdiction Over the Mixed Dispute Involving Territorial Sovereignty and Maritime Delimitation V. Interpretation of Article 281 of the UNCLOS VI. Conclusions 3. The ‘Nine-dash Line’ and China’s Claim to Historic Rights in the South China Sea I. Introduction II. The Concept of Historic Rights III. Three Phases of Analysis IV. Conclusions 4. The Legal Status of Maritime Features in the South China Sea I. Introduction II. The Legal Status of Maritime Features as Above/Below Water at High Tide III. The Legal Status of Maritime Features as Rocks/Islands IV. Assessment of the Tribunal’s Interpretation and Application of Article 121(3) V. Conclusions 5. Lawfulness of Chinese Activities in the South China Sea I. Introduction II. Lawfulness of China’s Actions in the South China Sea III. Aggravation or Extension of the Dispute between the Parties IV. Conclusions 6. Legal Implications of the South China Sea Arbitration Awards I. Introduction II. The Role of the South China Sea Arbitration in Dispute Settlement III. The Implications of the South China Sea Arbitration for the Development of International Law IV. The Implications of the South China Sea Arbitration for the Protection of Community Interests V. Considerations of Time Elements in the South China Sea Arbitration Awards VI. Conclusions 7. General Conclusion
Yoshifumi Tanaka is Professor of International Law, with specific focus on the law of the sea, at the Faculty of Law, University of Copenhagen, Denmark.