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List of contents
1. Introduction
Bing Bing Jia and Stefan Talmon
I. The Disputes between the Philippines and China in the South China Sea
II. The South China Sea Arbitration
2. The South China Sea Arbitration: Is There a Case to Answer?
Stefan Talmon
I. 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 Gau
I. 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 Convention
V. Disputes Removed from Compulsory Jurisdiction under Article 298 UNCLOS
VI. Conclusion
4. The Issue of Admissibility in Inter-State Arbitration
Bing Bing Jia
I. 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 Mi
I. Introduction
II. What Are the Philippines' Claims against China?
III. China's Reasons for Refusing the Philippines' Arbitration Request
IV. Chinese Policy toward Resolution of the South China Sea Disputes
V. Future of the Arbitration
VI. Conclusion
6. Annexes
I. Selected Documents Relevant to the South China Sea Arbitration
II. Select Bibliography on the South China Sea Disputes
III. Glossary of Place Names
About the author
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.
Summary
The book aims to offer a Chinese perspective on some of the issues raised in the arbitral proceedings of the South China Sea dispute between the Republic of the Philippines and the People's Republic of China.
Additional text
While this book was written for the specific purpose of serving as a kind of amicus curiae in the context of ongoing developments, it should continue to be indispensable material for those interested in the arbitral proceedings, even after the arbitral award has been rendered.
