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The Prospects for the Sino-Philippine Arbitration on the South China Sea (U-Shaped Line) Dispute

Mô tả
  Prof. Michael Sheng-ti Gau, Institute of Law of the Sea, National Taiwan Ocean University, Taiwan A critical but ignored issue is the consequences of withholding those Sino-Philippine SCS (un-submitted) core disputes by the Philippines. Would these consequences undermine the effectiveness of the award of this Arbitration? To what extent will such consequences affect the Sino-Philippine relations in the SCS after this Arbitration is over? Having completed an in-depth research on this issue, the author concludes that Philippines’ partial submission of its multi-layered SCS disputes with China will turn the award of this Tribunal totally useless in terms of resolving the confrontations between the Parties indicated by Philippines’ Memorial. It concerns the Tribunal when approaching the stage of producing the first award on the jurisdiction and admissibility issues for this case. This paper advises the Tribunal to apply Article 27(2) of its Rules of Procedure and to terminate the arbitral proceedings as its continuation is unnecessary due to such inefficacy of the award in the merits phase.
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7.74 MB
Ngày tạo:
26-11-2015
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