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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.

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Khaled R. Bashir

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Khaled R. Bashir

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Khaled R. Bashir

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

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Matthieu Burnay

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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

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Wenming Xu, Stefan E. Weishaar and Niels Philipsen

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Simon Marsden

Chapter 1 introduces the book, sets out the scope and aims, and outlines the research questions and methodology. A common framework for analysing each of the regimes is explained and justified, with reference to the scholarship of international law, international political economy and global politics. Chapter 1 also outlines and distinguishes between regions and subregions in Asia, and discusses environmental regimes in the literatures. It considers the geography of Asia as a region and the environmental issues it faces, examining the numerous international and regional institutions that operate there. It also reviews the discourse and scholarship in connection with regions and subregions developed by these institutions and by academic commentators, with a focus on the development of further institutions to respond to the needs identified. The notion and practicality of regime effectiveness is also considered. Keywords: Asia, subregions, environment, regime, effectiveness