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

International Journal of Marine and Coastal Law, June 2016

32 Pages Posted: 11 Feb 2016

Date Written: March 9, 2015

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

Suggested Citation

Klein, Natalie, The Limitations of UNCLOS Part XV Dispute Settlement in Resolving South China Sea Disputes: The South China Sea – An International Law Perspective Conference (March 9, 2015). International Journal of Marine and Coastal Law, June 2016. Available at SSRN: https://ssrn.com/abstract=2730411

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