South China Sea Arbitration

Yoshifumi Tanaka is Professor of International Law, with specific focus on the law of the sea, Faculty of Law, University of Copenhagen.

• 1. Introduction I. Introduction II. Course of the Litigation III. Framework for Analysis: Triple Viewpoint IV. Conclusions2. Jurisdiction and Admissibility I. Introduction II. Treatment of the Non-appearing State III. Treatment of Third Parties IV. Jurisdiction Over the Mixed Dispute Involving Territorial Sovereignty and Maritime Delimitation V. Interpretation of Article 281 of the UNCLOSVI. Conclusions3. The ‘Nine-dash Line’ and China’s Claim to Historic Rights in the South China Sea I. Introduction II. The Concept of Historic Rights III. Three Phases of Analysis IV. Conclusions4. The Legal Status of Maritime Features in the South China Sea I. Introduction II. The Legal Status of Maritime Features as Above/Below Water at High Tide III. The Legal Status of Maritime Features as Rocks/Islands IV. Assessment of the Tribunal’s Interpretation and Application of Article 121(3) V. Conclusions5. Lawfulness of Chinese Activities in the South China Sea I. Introduction II. Lawfulness of China’s Actions in the South China Sea III. Aggravation or Extension of the Dispute between the Parties IV. Conclusions6. Legal Implications of the South China Sea Arbitration Awards I. Introduction II. The Role of the South China Sea Arbitration in Dispute Settlement III. The Implications of the South China Sea Arbitration for the Development of International Law IV. The Implications of the South China Sea Arbitration for the Protection of Community Interests V. Considerations of Time Elements in the South China Sea Arbitration Awards VI. Conclusions7. General Conclusion

The book is commendable for the extensive literature consulted and referenced, and researchers will find the ‘Further Reading’ section at the end of each chapter an excellent resource. The analysis is careful and considered throughout and will undoubtedly be of interest to the many scholars and practitioners.