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Outline
1.
2.
3.
4.
5.
6.
7.
8.
Introduction
Historical Perspectives
Selection of Arbitrators
Findings of the Arbitral Tribunal: The Philippines
v China
The Status of Ba Binh (Itu Aba/Taiping)
Is the Arbitral Tribunal A Model for Other
Countries?
Should China withdraw from UNCLOS?
Conclusion
Introduction
Hedley Bulls Anarchical Society
System of states no world government
Balance of power
Society of states
Balance of power plus international law,
diplomacy, war and the central role of great
powers
Historical Perspectives
China rejects unilateral dispute settlement
mechanism in UNCLOS Annex VII
1982 III Conference of Law of the Sea
China played an active role
Incorporation of historic rights rejected
Compulsory dispute settlement included
Package deal youi cant pick and choose
Selection of Arbitrators
Judges JeanPierre
Cot, Stanislaw
Pawlak, Thomas
A. Mensah
(President),
Rdiger
Wolfrum,
Professor Alfred
H. A. Soons (left
to right)
Selection of Arbitrators
Panel of judges
Process when both parties agree
Process when parties cannot agree
President of ITLOS appoints
China whispering campaign against Judge
Chris Pinto (married to a Filipina)
China attacks President Shunji Yanai because
he is a Japanese national
Rocks
Cuarteron Reef
Fiery Cross Reef
Gaven Reef (North)
Johnson Reef
McKennan Reef
Scarborough Shoal
Conclusion
Reactions by ASEAN members
Reactions by US, Australia and Japan
Award now part of international law
Compulsory dispute settlement reaffirmed
Implement DOC
Environmental protection
Marine scientific research
Safety of navigation