| ID | 160923 |
| Title Proper | July 2016 Arbitral Award, Interpretation of Article 121(3) of the UNCLOS, and Selecting Examples of Inconsistent State Practices |
| Language | ENG |
| Author | Song, Yann-huei |
| Summary / Abstract (Note) | This article discusses the insufficient consideration of the role of state practice in the interpretation and implementation of Article 121(3) of the UNCLOS by the Arbitral Tribunal in the South China Sea Arbitration Case. The article argues that the Tribunal's view on the “threshold” established and its conclusion that there was no evidence that an agreement existed based upon state practice on the interpretation of Article 121(3) are open to question. |
| `In' analytical Note | Ocean Development and International Law Vol. 49, No.3; Jul-Sep 2018: p.247-261 |
| Journal Source | Ocean Development and International Law Vol: 49 No 3 |
| Key Words | State Practice ; South China Sea Arbitration ; Article 121(3) |