The Limitations of UNCLOS Part XV Dispute Settlement in Resolving South China Sea Disputes: The South China Sea – An International Law Perspective Conference

Abstract

The Philippines v China arbitration raises important questions about the potential operation of the UNCLOS dispute settlement system enshrined in Part XV of that Convention. This article explores the questions raised by this arbitration in relation to the place of negotiations as a dispute settlement process under UNCLOS and key questions concerning subject matter jurisdiction, especially where territorial disputes are mixed with law of the sea disputes. This examination questions the contours of the UNCLOS Part XV dispute settlement regime and its utility in resolving disputes relating to the South China Sea.

Keywords: South China Sea, arbitration, UNCLOS