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The South China Sea Arbitration Decisions on Jurisdiction and Rule of Law Concerns.

Authors :
Sienho Yee
Source :
Chinese Journal of International Law; Jun2016, Vol. 15 Issue 2, p219-237, 19p
Publication Year :
2016

Abstract

This Editorial Comment attempts to identify the violations of rule of law principles in the jurisdictional decisions in the South China Sea arbitration. These include the questionable composition of the tribunal with four EU citizens, and the tribunal's failure to take notice of publicly available positions of China, to give effect to those taken notice of, to complete the required analysis, and to respect the consistency requirement. The comment will highlight the consequences from these issues as well as the validity and force of the awards. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
15401650
Volume :
15
Issue :
2
Database :
Complementary Index
Journal :
Chinese Journal of International Law
Publication Type :
Academic Journal
Accession number :
119814431
Full Text :
https://doi.org/10.1093/chinesejil/jmw034