Browse by title

You are looking at 1 - 10 of 180 items :

  • All accessible content x
Clear All
This content is available to you

Edited by Julien Chaisse

This content is available to you

Edited by S. Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao D. Phan

This content is available to you

Khaled R. Bashir

This content is available to you

Khaled R. Bashir

This content is available to you

Khaled R. Bashir

This content is available to you

S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan

On 22 January 2013, the Philippines initiated compulsory arbitration against China under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) with regard to their disputes in the South China Sea. The Award on Jurisdiction and Admissibility issued on 29 October 2015 and the Final Award issued on 12 July 2016 have been the most anticipated decisions from an international tribunal in the law of the sea, since the entry into force of UNCLOS in 1994. This introductory chapter provides an overview of UNCLOS dispute settlement mechanisms, the background to the South China Sea disputes and the key legal issues in the South China Sea Arbitration necessary to understand the legal implications of the Awards.

This content is available to you

Matthieu Burnay

This content is available to you

Qi Tonghui

The essence of “the rule of law in China” is governance based on rational choice and contractual provisions, while is rational regulation is rooted in rules, although in this context of the rule of law, it still contains “status”. In the sense of “rational regulation”, the rule of law needs contracts, but it needs more “contractual status” in the sense of “virtue identity”, and we cannot replace status by contract only in accordance with the old path of “from status to contract”. Connecting with the mode of “absolute – true status” and “relative – false status”, which is built by contract and virtue, “contractual status” can provide distinction, birthright and duty for the rule of law. Keywords: rule of law; virtues; contract; status; contractual status

This content is available to you

Wenming Xu, Stefan E. Weishaar and Niels Philipsen