Arbitration
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Power trip: might China’s struggles with its neighbours bring war to Asia?
From the air, the Spratly Islands, a cluster of miniature rocks and sandbars 425,000 kilometres square in the middle of the South China Sea, are almost imperceptible. Even up close, the Spratlys do not look like much – a few islands have tiny rocky beaches or occasional makeshift buildings. A tiny contingent of Filipino marines […]
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PH’s arbitration case vs China shows options in sea row
MANILA, Philippines – By turning to international arbitration to define its maritime entitlements in the South China Sea, Manila has shown there are options to resolve territorial disputes other than lopsided negotiations where mighty nations lord over small ones. Philippine Ambassador to the United States Jose Cuisia Jr. voiced the observation in a speech during […]
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PH’s arbitration case vs China shows options in sea row
MANILA, Philippines – By turning to international arbitration to define its maritime entitlements in the South China Sea, Manila has shown there are options to resolve territorial disputes other than lopsided negotiations where mighty nations lord over small ones. Philippine Ambassador to the United States Jose Cuisia Jr. voiced the observation in a speech during […]
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‘Timing good’ to take Senkaku issue to ICJ, U.S. law professor says
NEW YORK – Japan should take its disagreements with China over the Senkaku Islands to the International Court of Justice, Jerome Cohen, a New York University law professor and expert in Chinese law, said in an interview. “I want Japan to use international law,” Cohen said, stressing that Japan should follow in the steps of […]
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Int’l law the great equalizer in dispute resolution: PH envoy
MANILA – International law will be the “great equalizer” in the Philippines’ ongoing territorial row with China, a Philippine envoy said during a reception. Philippine Ambassador to the United States Jose L. Cuisia said the country’s move to seek arbitration before an international tribunal underscores its desire to define its maritime entitlements in the South […]
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The Fog of Law: China’s Great South China Sea Dilemma
Arbitration, China, Lawfare, Military Conflict, Philippines, Position Paper, South China Sea Dispute, UNCLOSRecent months have witnessed an impressive Chinese diplomatic blitzkrieg, with President Xi Jinping and Premier Li Keqiang feverishly courting friends and foes alike, proposing ambitious trading agreements and acquiescing to various confidence building measures (CBMS) aimed at de-escalating geopolitical tensions in the region. But China’s intensifying legal battle with the Philippines has injected new uncertainties […]
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International Law and the South China Sea
China’s position paper published on December 7, 2014 is one of the rare documents in which Beijing officially expressed its opinions on the issues in the South China Sea as well as on the arbitration proceedings that the Philippines initiated at the Permanent Court of Arbitration in January 2013. It seems that the motivation was […]
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Law and realpolitik in the South China Sea
China’s rejection of the international process represented by the Permanent Court of Arbitration at The Hague is both a missed opportunity and a disappointing corollary to its intransigence on the South China Sea dispute. Beijing’s visceral opposition to third-party arbitration is based on the suspicion that the process is a means of exerting political pressure on […]
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Don’t Be Fooled by China’s Cooperation Lately. Xi Jinping Wants to Reform the International Order.
Last month, China showed its cooperative side to the international community. It struck an ambitious climate deal with the U.S. that President Xi Jinping announced alongside President Obama. It took a seat at the P5+1 talks in Vienna to negotiate a path forward for Iran’s nuclear program. And it responded to the United Nation’s call […]
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Beijing ignores court deadline over disputes in South China Sea
China’s government has ignored a deadline to outline its territorial claims in the South China Sea to an international court. The government had until yesterday to submit its case to a court of arbitration in The Hague in the Netherlands. The case was bought by the Philippines, but a foreign ministry spokesman in Beijing, Qin […]