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Faculty of Law, Humanities and the Arts - Papers

Sea

2017

Articles 1 - 2 of 2

Full-Text Articles in Law

The Arbitral Award In The Matter Of The South China Sea Between The Philippines And China What Are The Implications For Freedom Of Navigation And The Use Of Force?, Cameron Moore Jan 2017

The Arbitral Award In The Matter Of The South China Sea Between The Philippines And China What Are The Implications For Freedom Of Navigation And The Use Of Force?, Cameron Moore

Faculty of Law, Humanities and the Arts - Papers

This article considers the implications of the Award for freedom of navigation and the use of force in the South China Sea, identifying the conclusions that can be drawn from the Award and the questions that remain. The Award also indirectly raised the question of the use of force to defend navigational rights. This article therefore revisits the Corfu Channel Case for the light it may shed on the use of force and freedom of navigation in the South China Sea. This leads to questions of the danger of miscalculation and the potential importance of the Code for Unplanned Encounters ...


The Law Of The Sea Convention And Sea Level Rise In The Light Of The South China Sea Arbitration, Stuart B. Kaye Jan 2017

The Law Of The Sea Convention And Sea Level Rise In The Light Of The South China Sea Arbitration, Stuart B. Kaye

Faculty of Law, Humanities and the Arts - Papers

Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have ...