13/12/2016

"Jurisdiction of the Arbitral Tribunal in Philippines v. China under UNCLOS and in the Absence of China" AJIL Unbound

Dr Kate Parlett has published an article on the South China Sea dispute, in a special symposium issue of AJIL Unbound. The symposium addresses all aspects of the  South China Sea arbitration between China and the Philippines. The Arbitral Tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea issued its final award in July this year. Kate is one of a number of experts who have contributed to this AJIL symposium. Her piece, entitled “Jurisdiction of the Arbitral Tribunal in Philippines v. China under UNCLOS and in the Absence of China” reviews and discusses the arguments that were raised by China to contest the Tribunal’s jurisdiction. She takes stock of how the Tribunal addressed these jurisdictional obstacles, particularly by demonstrating that the dispute, for the Tribunal, was not a territorial sovereignty dispute or even a maritime delimitation dispute. Finally, she examines the legal and practical consequences of China’s nonappearance.

The AJIL Unbound symposium is available here: https://www.asil.org/blogs/ajil-unbound. Kate’s contribution is available here.