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INTERNATIONAL TRIBUNE (2) answer(s).
 
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1
ID:   128280


China's responses to the compulsory arbitration on the South Ch: legal effects and policy options / Yu Mincai   Journal Article
Yu Mincai Journal Article
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Publication 2014.
Summary/Abstract China's responses of turning its back on the compulsory arbitration initiated by the Philippines on 22 January 2013 with respect to aspects of the South China Sea dispute between them under Article 287 and Annex VII of the United Nations Convention on the Law of the Sea and failing to participate in constituting the five-member Arbitral Tribunal raise issues of whether the arbitral process has or can be halted by China and whether China's nonparticipation is in its best interest. This article examines the legal effects of China's actions and China's policy options with respect to the arbitral procedure started by the Philippines.
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2
ID:   137186


Philippines confronts China in the South China Sea: power politics vs. liberalism-legalism / Castro, Renato De   Article
Castro, Renato De Article
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Summary/Abstract Using the Scarborough Shoal standoff between China and the Philippines as a case study, in this article I examine two approaches to addressing territorial disputes—power politics and liberalismlegalism. China, a major power, uses realpolitik to press its expansive claim in the South China Sea. The Philippines, a small power, adopts the liberal-legal approach that seeks to balance against China. During the standoff, China drove the Philippines out of the shoal, though stopping short of an armed clash, and effected a de facto occupation of the contested area. As a countermeasure, the Philippines filed a statement of claim with the International Tribunal for the Law of the Sea. The confrontation was a test of Thucydides's age-old aphorism that “the strong do what they have the power to do, and the weak accept what they have to accept.”
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