The South China Sea Arbitration: Understanding the Awards and Debating with China [Paperback]

The South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address. The Tribunal's task was rendered arduous by China's refusal to appear before it. In these circumstances, understanding the Tribunal's decisions is a challenging undertaking. China's public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states' support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. This book aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards.

Contents Preface Acknowledgments Maps Abbreviations Introduction Part I Understanding the Award on Jurisdiction and Admissibility and Debating with China 1. Summary of the Award on Jurisdiction and Admissibility of 29 October 2015 2. Victory in Round 1, but Not Really a Knockout 3. China's Informal Participation in the Arbitration in Contravention of International Law 4. The Arbitral Tribunal: 200 Years of Legal Experience 5. The Lawyers of the Philippines: A Brilliant Track Record 6. China Should Emulate Africa in the Area of Peaceful Dispute Settlement 7. The South China Sea Disputes: A View From Togo (West Africa) Part II Understanding the Award of 12 July 2016 and Debating with China 8. Summary of the Award of 12 July 2016 9. Reading the Award of 12 July 2016 10. Are You Going to Scarborough Shoal? 11. Territorial and Maritime Claims in Multilateral Forums: The Example of China 12. Memo to Taiwan: Beijing Is (Almost Always) to Blame 13. The Binding Force of the Award of 12 July 2016 14. Unraveling China's Conspiracy Theory of International Arbitration A