International Law and Global Governance

Yee, The South China Sea Arbitration Decisions on Jurisdiction and Rule of Law Concerns , https://www.bigghgg.cn/p/yee2016.html


The South China Sea Arbitration Decisions on Jurisdiction and Rule of Law Concerns 

Sienho Yee 

Author Notes

Chinese Journal of International Law, Volume 15, Issue 2, June 2016, Pages 219–237, https://doi.org/10.1093/chinesejil/jmw034



This Editorial Comment attempts to identify the violations of rule of law principles in the jurisdictional decisions in the South China Sea arbitration. These include the questionable composition of the tribunal with four EU citizens, and the tribunal’s failure to take notice of publicly available positions of China, to give effect to those taken notice of, to complete the required analysis, and to respect the consistency requirement. The comment will highlight the consequences from these issues as well as the validity and force of the awards.



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Full text:  https://doi.org/10.1093/chinesejil/jmw034



Chinese Society of International Law, in association with Chinese Institute of International Law at China Foreign Affairs University, and National Center for Foreign-related Rule of Law Research at China Foreign Affairs University
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