- 期刊
Why the Award on Jurisdiction and Admissibility of the South China Sea Arbitration Is Null and Void? -Taking Article 283 of the UNCLOS as an Example
摘要
The Arbitral Tribunal of the South China Sea Arbitration, which was initiated unilaterally by the Philippines, declared its one-sided arguments in the Award on Jurisdiction and Admissibility (hereinafter ＂Award＂) released on 29 October 2015. The Award failed to make a proper reasoning on Article 283 (＂the obligation to exchange views＂) of the United Nations Convention on the Law of the Sea (UNCLOS). First of all, the facts provided to prove the fulfillment of the obligation to exchange views don't belong to the category of ＂views exchanging＂. Further, the Tribunal cuts off the relations between the obligation to exchange views and the obligation to negotiate; as a result, the former obligation becomes meaningless, which is contrary to the purpose of the UNCLOS. Accordingly, the Tribunal failed to effectively establish its jurisdiction over the case; and the decisions in the Award are erroneous. The final Award, which is founded on this Award, consequently will be also null and void.
延伸閱讀
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