Review of Literature on Jurisdiction and Admissibility of the South China Sea Arbitration

LIU Heng ； CHEN Jueyu ； HAN Yuchen ； HUANG Rui ； HUANG Yuxin

《中华海洋法学评论》 40期 (2021/12) Pp. 20-46

摘要

Ruling on jurisdiction and admissibility in the South China Sea (SCS) Arbitration provokes a debate among academics. This paper summarizes the main comments on the SCS Arbitration decisions relating to the issue from nearly 20 English papers published during 2016-2021. Scholars made lots of studies and comments on almost all aspects of the Tribunal's decisions on jurisdiction and admissibility, especially on the consent of the disputants, identification and characterisation of the dispute, preconditions and exceptions to the Tribunal's jurisdiction. Some agree with the position of the Tribunal, while most of authors have put forward their different views from various perspectives. Parts of the issues discussed are fundamental to the establishment and exercise of the Tribunal's jurisdiction, which seem fully capable of depriving the validity of the two Awards rendered by the Tribunal.

關鍵字

Jurisdiction ； State consent ； Identification and characterisation of the dispute ； Preconditions to jurisdiction ； Exceptions to jurisdiction ； Admissibility