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On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chines...
Straits are peripheral formations in the study of geography, but have long been a source of controversy in international relations. They connect separate seas and divide the territory of states. This geographical fact invites legal disputes over international boundary drawing, request forpassage by foreign ships, assertion of territorial control over the waters forming straits, and the basis for a regime generally accepted as law in our times. This is a thorough and well-documented book which combines elements of history, geography, international shipping, and the law of the sea. Itasks the central question: what exactly is the current law governing this area, and also goes on to consider the concept of international straits, the distinction between existing treaty-based regimes and the general regime, and the special characteristics of straits that separate them from similararms of the sea in terms of law. In answering these questions, the author takes us back to the first regime for international straits in 1949, through to the practices of the present day. This will be an invaluable text for all international lawyers, particularly those specializing in the law ofsea.
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not al...
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The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.