The Impact of Non-State Actors’ Intervention in Investor-State Arbitration: A Further Study
This book chapter analyses the impact of non-state actors’ amicus curiae briefs in investor-state arbitration.
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The South China Sea Arbitration: The Legal Dimension
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 …
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Inter-State Compulsory Conciliation Procedures and the Maritime Boundary Dispute Between Timor-Leste and Australia
This article examines the origin and nature of the compulsory conciliation procedure under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and how it has played out in the conciliation between Timor-Leste and Australia—the first time this procedure has been triggered. The article identifies the features of the UNCLOS conciliation procedure—many …
The Dispute Settlement Mechanisms in Major Multilateral Treaties
Although dispute settlement mechanisms providing for compulsory referral to a third party are rarely used, their presence can, and usually do, have a major underlying influence over the actions of States, which are typically anxious to avoid lengthy and expensive dispute settlement procedures. We undertook a quantitative analysis of the dispute settlement mechanisms of 236 …
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Legal Implications of the ‘South China Sea Award’ for Maritime Southeast Asia
Southeast Asia, consisting of the ten Member States of the Association of Southeast Asian Nations (ASEAN), has always been a uniquely maritime region. Indeed, its maritime nature has been characterised as the ‘first and primary unifying factor of Southeast Asia’. Nine out of the ten ASEAN States are coastal States, with the Philippines and Indonesia …
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Island-Building in the South China Sea: Legality and Limits
All the claimants in the South China Sea disputes have engaged in various degrees of island-building on many of the geographic features in the Spratly Islands. However, as noted by the Tribunal in the South China Sea Arbitration, none has been on the scale of Chinese island-building on the features which it occupies, which escalated …
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The High Seas Freedom to Lay Submarine Cables and the Protection of the Marine Environment: Challenges in High Seas Governance
The freedom to lay submarine cables and pipelines, one of the most venerated high seas freedoms under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), faces an uncertain future under the new international legally binding instrument (ILBI) being negotiated in the United Nations. UN General Assembly Resolution 72/249, authorizing the intergovernmental …
Towards a New Regulatory Paradigm under Recent FTA Investment Chapters?
This chapter examines the resurgent emphasis on states’ inherent power to regulate for public welfare objectives, so-called ‘return of the state’, in the investment chapters of three FTAs—the recently signed, but not yet in force, Comprehensive Progressive Trans-Pacific Partnership (CPTPP), the now in force Canada–EU Comprehensive Economic Trade Agreement (CETA), and the recently revised final …
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