South China Sea Arbitration

Edited by S. Jayakumar, Professor, Chairman, International Advisory Panel, Centre for International Law, Tommy Koh, Professor, Chairman, Governing Board, Centre for International Law, Robert Beckman, Associate Professor, Head of the Ocean Law and Policy Programme, Centre for International Law, Tara Davenport, Global Associate, Centre for International Law and Hao Duy Phan, Diplomatic Academy of Vietnam

'This book is one of the most thoughtful contributions to the discussion on the arbitral awards in the South China Sea case. Addressing a case charged with political implications, it examines, with a scholarly approach, some of the most important and controversial issues raised in the Awards. Particular attention is given to the key issue of the meaning of ''rocks'' under article 121 of the UN Convention on the Law of the Sea. More technical legal aspects, often left out in studies on the subject, such as the procedural ones, are also addressed. The authors are well known specialists on the law of the sea working under the wise coordination of some of the top specialists in Singapore's research institutions.'--Tullio Treves, Universita degli Studi di Milano, Italy'The depth and breadth this book brings to the legal issues surrounding the South China Sea Arbitration are unmatched. The contributors explain the various aspects of the disputes (particularly those relating to the status and entitlement of the Spratly Islands' features), analyse the implications for the cooperation in the South China Sea, and the legal ramifications for the order of the oceans established under UNCLOS. This book is thus an essential reading for everyone interested in the current state of art in a field that addresses one of the key legal development with regard to the South China Sea.'--Julien Chaisse, The Chinese University of Hong Kong and Advisory Board Member, Asian Academy of International Law

• Contents: 1. The South China Sea Arbitration: Laying the GroundworkS Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy PhanPart I Jurisdiction and Procedure2. Jurisdictional Issues in the South China Sea ArbitrationRobert Beckman3. Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold PrincipleStuart Kaye4. Procedural Issues Arising from China’s Non-Participation in the South China Sea ArbitrationTara DavenportPart II Maritime Entitlements5. Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now?Clive R Symmons6. Determining High-tide Features (or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography PerspectiveYouna Lyons, Luu Quang Hung and Pavel Tkalich7. The Arbitral Tribunal’s Interpretation of Paragraph 3 in Article 121: A First But Important Step ForwardErik Franckx8. UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation?Myron H Nordquist9. Artificial Islands in the South China Sea: The Legal Regime and Implications of the AwardJ Ashley RoachPart III Marine Environment10. The South China Sea Arbitral Award, Part XII of UNCLOS, and the Protection and Preservation of the Marine EnvironmentNilüfer Oral11. Rocks Versus Islands: Implications for Protection of the Marine EnvironmentJ Ashley RoachPart IV Conclusion 12. ConclusionS Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy PhanIndex