The South China Sea Arbitration
Stefan Talmon
Abstract
This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.
Topics & Concepts
TribunalArbitrationJurisdictionLawChinaPolitical scienceUnited Nations Convention on the Law of the SeaLaw of the seaInternational arbitrationInternational lawPublic international lawInternational Maritime Law IssuesInternational Arbitration and Investment LawConflict of Laws and Jurisdiction