The South China Sea Arbitration

with Marie Jacobsson, Said Mahmoudi and Martin Ratcovich

  Stockholm Center for International Law and Justice invites you to a seminar with:

Marie Jacobsson,
Said Mahmoudi and
Martin Ratcovich

on

The South China Sea Arbitration

 

The Arbitral Award of an UNCLOS Annex VII Tribunal in the Philippines v China dispute is for many reasons a very important decision. It brings to an end the long process initiated by the Philippines against China in 2013. The award is a rich piece of international jurisprudence containing authoritative interpretations of many provisions of the Law of the Sea Convention. Its significance is not limited to its elucidating answers to a long range of complicated legal issues relating to disputed maritime zones in the South China Sea. It can be expected to have far-reaching impacts on the development of the doctrine of international law and practice of States and courts with respect to certain core concepts of the law of the sea. Despite the fact that China has defied the jurisdiction of the Tribunal and has emphatically rejected the Award, it would probably be difficult to ignore the Award in any future negotiation regarding delimitation of maritime zones in the South China Sea.

The Tribunal has addressed a number of important legal issues such as the meaning of ‘historic rights’ or ‘historic title’, low-tide elevation, coastal State’s enforcement activities, and objective criteria for determination of damage to the marine environment under Articles 192 and 194 of the Law of the Sea Convention. In this seminar, some aspects of the Tribunal Awards on jurisdiction and admissibility (29 October 2015) and on merits of the case (12 July 2016) will be commented on.

Marie Jacobsson is Ambassador and Principal Legal Adviser on International Law at the Swedish Ministry for Foreign Affairs, and Member of the United Nations International Law Commission

Said Mahmoudi is Professor of International Law at Stockholm University

Martin Ratcovich is doctoral candidate in international law at Stockholm University

 

Tuesday September 20, 2016 at 16:30 in the Faculty Room

Floor 8. Building C, University Campus Place Registration (voluntary): scilj@juridicum.su.se, by September 19, 2016