South China Sea Arbitration

Stefan Talmon, DPhil MA (Oxford University), LLM (Cambridge University) is Professor of Public International Law and Director at the Institute for Public International Law at the University of Bonn. He is also a Supernumerary Fellow of St Anne's College, Oxford. Prior to taking up the chair at Bonn he was Professor of Public International Law at the University of Oxford. He practices in the field of international law as a Barrister from 20 Essex Street Chambers, London.Bing Bing Jia, DPhil (Oxford University) is Professor of International Law, Law School, Tsinghua University, Beijing. Prior to taking up his post at Tsinghua he served as Legal Officer at the ICTY and, temporarily, the ICTR (1998-2004), and previously served as Law Clerk at the ICTY (1996-1998). He also acts as a consultant on matters of international law and serves on the editorial boards of Ocean Development and International Law, International Review of the Red Cross and the Chinese Journal of International Law.

Books on important international law cases are normal, but this one rises above the others due to its focuses on various parties involved, the legal questions to be decided and the absence of one of the parties.

• 1. Introduction Bing Bing Jia and Stefan TalmonI. The Disputes between the Philippines and China in the South China SeaII. The South China Sea Arbitration 2. The South China Sea Arbitration: Is There a Case to Answer? Stefan TalmonI. Introduction II. Default of Appearance in Historical Perspective III. The Consequences of Default of Appearance IV. Possible Preliminary Objections to the Philippines' Claims V. The Politics of Arbitration VI. Conclusion 3. Issues of Jurisdiction in Cases of Default of Appearance Michael Sheng-ti GauI. Introduction II. Default of Appearance and Ensuing Duties of the Tribunal III. The Requirement of a Dispute between the Parties IV. The Requirement that the Disputes Concern the Interpretation or Application of the ConventionV. Disputes Removed from Compulsory Jurisdiction under Article 298 UNCLOSVI. Conclusion 4. The Issue of Admissibility in Inter-State Arbitration Bing Bing JiaI. Introduction II. Primary Obligation to Negotiate: Article 281(1) UNCLOS III. Defects of Certain Claims IV. Abuse of Rights/Procedure V. Estoppel VI. Conclusion 5. Jurisprudential Tenability of the Philippines v China Arbitration on South China Sea Disputes?Haiwen Zhang and Chenxi MiI. Introduction II. What Are the Philippines' Claims against China? III. China's Reasons for Refusing the Philippines' Arbitration RequestIV. Chinese Policy toward Resolution of the South China Sea DisputesV. Future of the Arbitration VI. Conclusion 6. AnnexesI. Selected Documents Relevant to the South China Sea Arbitration II. Select Bibliography on the South China Sea Disputes III. Glossary of Place Names