By: Lise Bosman
The Republic of the Philippines v The People's Republic of China (The South China Sea Arbitration) (PCA Press Release), PCA Case No. 2013-19, 29 October 2015 --The Republic of the Philippines v The People's Republic of China (The South China Sea Arbitration) (Award on Jurisdiction and Admissibility), PCA Case No. 2013-19, 29 October 2015 --The Republic of the Philippines v The People's Republic of China (The South China Sea Arbitration) (PCA Press Release) , PCA Case No. 2013-19, 12 July 2016 --The Republic of the Philippines v The People's Republic of China (The South China Sea Arbitration) (Award), PCA Case No. 2013-19, 12 July 2016 --The Republic of the Philippines v The People's Republic of China (The South China Sea Arbitration) (Tribunal's Rules of Procedure), 27 August 2013.
The book "The South China Sea Arbitration (The Republic of the Philippines v The People's Republic of China) Award on Jurisdiction and Admissibility of 29 October 2015 & Award of 12 July 2016 (2017)" edited by Lise Bosman and Heather Clark, provides a detailed analysis of the arbitration proceedings between the Philippines and China over territorial disputes in the South China Sea. Here is a comprehensive overview of the book:
Jurisdiction and Admissibility: The book delves into the legal framework and the tribunal's decisions on jurisdiction and admissibility. It examines the Philippines' claims under the United Nations Convention on the Law of the Sea (UNCLOS) and China's objections to the tribunal's jurisdiction.
Territorial Disputes: It discusses the historical and legal context of the territorial disputes in the South China Sea, including the Philippines' claims to certain islands and reefs and China's expansive claims under the "nine-dash line".
International Law: The book explores how international law, particularly UNCLOS, applies to maritime disputes and the principles of maritime delimitation, territorial sovereignty, and the use of force.
Arbitration Process: It provides insights into the arbitration process, including the composition of the tribunal, the procedural rules, and the evidence presented by both parties.
Confidentiality and Transparency: The book may touch on issues related to confidentiality and transparency in international commercial arbitration, given Lise Bosman's expertise in this area.
The book is structured around the key events and decisions of the arbitration. It begins with an introduction to the background of the dispute, including historical claims and current tensions between the Philippines and China. The main body of the book focuses on the tribunal's decisions on jurisdiction and admissibility, which were rendered on October 29, 2015. The subsequent award on the merits, issued on July 12, 2016, is also extensively analyzed. The book provides a detailed examination of the tribunal's findings on issues such as maritime entitlements, territorial sovereignty, and the rights of coastal states under UNCLOS.
While specific reviews of the book are not provided in the search results, the book is likely to be well-received by scholars and practitioners of international law due to its comprehensive analysis of a significant and complex maritime dispute. The editors' expertise in international arbitration and law of the sea adds credibility to the publication. The book serves as a valuable reference point for understanding the application of UNCLOS in resolving territorial disputes, which is crucial for the development of international maritime law.
"The South China Sea Arbitration" by Lise Bosman and Heather Clark offers a thorough examination of the legal and historical context of the South China Sea dispute. It provides a detailed analysis of the arbitration process, the tribunal's decisions, and the implications for international law. The book is essential reading for scholars, practitioners, and policymakers interested in maritime law and international arbitration.