George, Mary and George, Anneliz R. (2021) Betwixt the wise man and the prince: A partnership in comity and conciliation for the South China sea disputes. Journal of East Asia and International Law, 14 (2). pp. 271-296. ISSN 1976-9229, DOI https://doi.org/10.14330/jeail.2021.14.2.03.
Full text not available from this repository.Abstract
In a region fraught with tensions and conflicts, the South China Sea Arbitral Award Case (Case) concerned maritime conflicts between the Philippines and China, an inter-State, non-consensual, ex-parte arbitration under Annex VII of the UN Law of the Sea Convention (UNCLOS). The Case went against China. The Annex VII Tribunal decision of first and last instance, was final and without appeal. However, to the authors, the Case drew attention to the inherently unfair provisions of an ex-parte hearing under Annex VII that violates the principle of natural justice and casts uncertainty on the role and future of mandatory conciliation under the UNCLOS. These omissions are addressed here. Noting these omissions and limitations, to restore regional goodwill, ameliorate conflicts and tensions, and promote dispute settlement, a solution in mandatory conciliation is proposed-“A Partnership in Comity and Conciliation for the South China Sea”-with its provenance rooted in international law. © 2021, Yijun Institute of International Law. All rights reserved.
| Item Type: | Article |
|---|---|
| Funders: | Universiti Malaya, Equitable Society Cluster [RP049A-17SBS], International Court of Justice (ICJ), International Tribunal for the Law of the Sea, Equitable Legal Order in the South China Sea: the SCS Arbitral Tribunal |
| Uncontrolled Keywords: | South China Sea disputes; Ex-parte Hearings under Annex VII; Mandatory conciliation; A Partnership in Comity and Conciliation; UNCLOS |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law |
| Depositing User: | Ms Zaharah Ramly |
| Date Deposited: | 23 Aug 2023 07:18 |
| Last Modified: | 23 Aug 2023 07:18 |
| URI: | http://eprints.um.edu.my/id/eprint/35442 |
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