The Defaulting State and the South China Sea Arbitration

This book examines the legal and procedural issues arising from China's default in the South China Sea Arbitration, highlighting the Tribunal's efforts to maintain balance and impartiality and rebutting Chinese criticisms. It compares China's threats to the Tribunal's behavior towards Chinese judges and concludes that the Tribunal was able to perform its judicial function despite China's default.

Format: Hardback
Length: 608 pages
Publication date: 28 May 2023
Publisher: Springer Verlag, Singapore

This comprehensive book delves into the intricate legal and procedural challenges posed by China's default in the South China Sea Arbitration. It explores the various reasons behind these problems, highlighting how China deviated from the customary conduct of other defaulting states before the International Court of Justice. The book argues that the Tribunal, faced with the daunting task of maintaining a fair balance between two parties in a default situation, employed the full extent of its powers to ensure that neither China nor the Philippines would be unfairly affected by China's default. Furthermore, the book provides a detailed account of the shortcomings in the submissions made by purported amicus curiae. It challenges China's questioning of the independence and impartiality of the experts and judges, providing a comprehensive explanation of the expert opinions and the Tribunal's assessments in areas such as satellite imagery, coral reef ecology, and navigational safety. Additionally, the book refutes the half-truths and counter-truths disseminated by Chinese scholars about the proceedings. By comparing China's threats to the independence of the Tribunal to its behavior towards Chinese judges, the book sheds light on the broader context of China's domestic situation. It concludes that, despite China's default, the Tribunal was able to fulfill its judicial function independently and impartially, demonstrating the resilience and integrity of international arbitration.

This comprehensive book delves into the intricate legal and procedural challenges posed by China's default in the South China Sea Arbitration. It explores the various reasons behind these problems, highlighting how China deviated from the customary conduct of other defaulting states before the International Court of Justice. The book argues that the Tribunal, faced with the daunting task of maintaining a fair balance between two parties in a default situation, employed the full extent of its powers to ensure that neither China nor the Philippines would be unfairly affected by China's default. Furthermore, the book provides a detailed account of the shortcomings in the submissions made by purported amicus curiae. It challenges China's questioning of the independence and impartiality of the experts and judges, providing a comprehensive explanation of the expert opinions and the Tribunal's assessments in areas such as satellite imagery, coral reef ecology, and navigational safety. Additionally, the book refutes the half-truths and counter-truths disseminated by Chinese scholars about the proceedings. By comparing China's threats to the independence of the Tribunal to its behavior towards Chinese judges, the book sheds light on the broader context of China's domestic situation. It concludes that, despite China's default, the Tribunal was able to fulfill its judicial function independently and impartially, demonstrating the resilience and integrity of international arbitration.

Weight: 950g
Dimension: 210 x 148 (mm)
ISBN-13: 9789811963933
Edition number: 1st ed. 2023