The South China Sea Arbitration
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The South China Sea Arbitration

The Legal Dimension

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

Bringing together leading experts on the law of the sea, this book provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. It examines major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. It also explores the implications of the case for the South China Sea disputes and dispute settlement under the 1982 United Nations Convention on the Law of the Sea.
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Chapter 12: Conclusion

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


Prior to the Arbitral Award on Jurisdiction and Admissibility on 29 October 2015 and the Final Award on 12 July 2016, legal uncertainties posed a significant impediment to the long-term resolution of the longstanding South China Sea disputes. These uncertainties allowed claimants to put forth arguments which maximised their claims and inevitably exacerbated tensions. This concluding chapter synthesises the analysis in the previous chapters and makes some observations on the significance and implications of the South China Sea Arbitration for the claims over features and their maritime entitlement, cooperation in the South China Sea, and the legal order of the oceans established under the United Nations Convention of the law of the Sea (UNCLOS). 

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