Arbitration Concerning the South China Sea Philippines Versus China by
On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.
China's Naval Operations in the South China Sea by 
Cold War Frontiers in the Asia Pacific by 
Enterprises, Localities, People, and Policy in the South China Sea by 
Getting the Triangle Straight by 
Island Disputes and Maritime Regime Building in East Asia: Between a Rock and a Hard Place by 
Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea by 
Maritime Claims: Reference Manual by 
Maritime Issues in the South China Sea by 
Maritime Order and the Law in East Asia by 
Power Politics in Asia's Contested Waters by 
Recent Developments in the South China Sea Dispute by 
Rethinking South China Sea Disputes by 
The South China Sea Maritime Dispute by 
Strong Borders, Secure Nation: Cooperation and Conflict in China's Territorial Disputes by 
Unresolved Border, Land, and Maritime Disputes in Southeast Asia by 
Vietnam and the South China Sea by 
Building a normative order in the South China Sea : evolving disputes, expanding options by 
China's Policy Towards the South China Sea by
This book provides an explanation of Chinese policy towards the South China Sea, and argues that this has been sculpted by the changing dynamics of the law of the sea in conjunction with regional geopolitical flux. The past few decades have witnessed a bifurcated trend in China's management of territorial disputes. Over the years, while China gradually calmed and settled most land-border disputes with its neighbors, disputes on the ocean frontier continued to simmer in a seething cauldron. China's Policy towards the South China Sea attributes the distinctive path of China's approach to maritime disputes to a unique factor - the law of the sea (LOS) as the "rules of the road" in the ocean. By deconstructing the concept of "sovereignty" and treating the LOS as an evolving regime, the book examines how the changing dynamics of the LOS regime have complicated and reshaped the nature and content of sovereign disputes in the ocean regime as well as the options of settlement. Applying the findings to the South China Sea case, the author traces the learning curve on which China has embarked to comprehend the complexity of the dispute accordingly and finds that it is the dynamic interaction of the law of the sea regime and the geopolitical conditions that has driven the evolution of China's South China Sea policy. This book will be of great interest to students of Chinese and Asian politics, international law, international relations and security studies.
Understanding China's behaviour in the South China Sea : a defensive realist perspective by 21st annual conference co-sponsored by the Center for National Security Law, University of Virginia, and the Council on Foreign Relations
