Reflections on the Interpretation and Application of Article 121(3) in the South China Sea Arbitration (Merits)

TY - JOUR

T1 - Reflections on the Interpretation and Application of Article 121(3) in the South China Sea Arbitration (Merits)

AU - Tanaka, Yoshifumi

PY - 2017/10/2

Y1 - 2017/10/2

N2 - The 2016 South China Sea Arbitration Award provided a detailed review of the interpretation of Article 121(3) of the U.N. Convention on the Law of the Sea. According to the Tribunal, Article 121(3) performs a preventive function by disabling tiny features from unfairly generating enormous entitlements to maritime space that does not serve the local population. This provision also contributes to safeguarding of the Common Heritage of Mankind. The Tribunal’s interpretation seems to reflect development of the law of the sea toward protection of the common interests of the international community. However, since the Tribunal’s interpretation is not anchored in state practice and the jurisprudence, whether the interpretation can be generalized needs careful consideration.

AB - The 2016 South China Sea Arbitration Award provided a detailed review of the interpretation of Article 121(3) of the U.N. Convention on the Law of the Sea. According to the Tribunal, Article 121(3) performs a preventive function by disabling tiny features from unfairly generating enormous entitlements to maritime space that does not serve the local population. This provision also contributes to safeguarding of the Common Heritage of Mankind. The Tribunal’s interpretation seems to reflect development of the law of the sea toward protection of the common interests of the international community. However, since the Tribunal’s interpretation is not anchored in state practice and the jurisprudence, whether the interpretation can be generalized needs careful consideration.

U2 - 10.1080/00908320.2017.1349529

DO - 10.1080/00908320.2017.1349529

M3 - Journal article

SN - 0090-8320

VL - 47

JO - Ocean Development and International Law

JF - Ocean Development and International Law

ER -