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ID: 159405

Admissibility of Outer Continental Shelf Delimitation Claims Before the ICJ Absent a Recommendation by the CLCS / Vega-Barbosa, Giovanny

Vega-Barbosa, Giovanny	Journal Article
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Summary/Abstract

In the 2017 Maritime Delimitation in the Indian Ocean Case, the International Court of Justice stated that “in appropriate circumstances” maritime delimitation claims beyond 200 nm may be admitted before the Commission on the Limits of the Continental Shelf issues a recommendation. This is a deviation from the Court's previous approach in the 2016 Nicaragua v. Colombia (Preliminary Objections) Case. This article follows the evolution of the international case law with respect to the admissibility of outer continental shelf delimitation claims absent a final and binding outer limit, and highlights the positive implications of the International Court's most recent formula.

Key Words

Continental Shelf ; Admissibility ; Maritime Delimitation Beyond 200 Nm

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ID: 156862

Difining disputes and characterizing claims subject-matter jurisdiction in law of the sea convention litigation / Harrison, James

Harrison, James	Journal Article
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Jurisdiction ; Dispute ; Settlement ; Admissibility ; Compromissory Clause

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ID: 148524

outh China Sea arbitration: observations on the award on jurisdiction and admissibility / Talmon, Stefan

Talmon, Stefan	Journal Article
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In the South China Sea Arbitration between the Republic of the Philippines and the People’s Republic of China the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea on 29 October 2015 issued its Award on Jurisdiction and Admissibility. The Tribunal rejected China’s objection that the disputes presented by the Philippines concerned, in essence, the extent of China’s territorial sovereignty in the South China Sea and were thus outside the Tribunal’s jurisdiction. The Tribunal found, inter alia, that the Philippines’ submissions reflected disputes between the parties concerning the interpretation or application of the Convention, that there was no other State indispensable to the proceedings, and that the Philippines had met the requirement under Article 283 of the Convention that the parties exchange views regarding the settlement of their disputes. This paper examines the Tribunal’s findings with regard to each and every of the Philippines’ 15 final submissions and demonstrates that some of its findings on the Tribunal’s jurisdiction and the admissibility of the Philippines’ claims are seriously flawed and based on procedural irregularities.

Key Words

Jurisdiction ; South China Sea Arbitration ; Admissibility ; Observations

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ID: 148523

South China Sea arbitration (the Philippines v. China): assessment of the award on jurisdiction and admissibility / Pemmaraju, Sreenivasa Rao

Pemmaraju, Sreenivasa Rao	Journal Article
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Summary/Abstract

China claims “historic rights” over the islands and other maritime features in the South China Sea. The Philippines contests these claims on the ground that they are incompatible with the 1982 Convention on the Law of the Sea. It initiated arbitration under Annex VII of the (UNCLOS) for a declaratory judgment to that effect. China rejected the arbitral procedure in part because of its 2006 Declaration which excludes all such disputes from the compulsory dispute settlement procedure of the Convention. This paper examines the recent award of the Arbitral Tribunal accepting jurisdiction over the some of the submissions made by the Philippines. It finds that the UN Convention on the Law of the Sea has very little to offer to decide on issues of sovereignty and associated issues of overlapping maritime entitlements.

Key Words

Jurisdiction ; Philippines V. China ; South China Sea Arbitration ; Admissibility

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