Abstract
The South China Sea dispute between the Philippines and China can be viewed as a mixed dispute that involves both territorial and maritime issues. In this regard, an issue arises concerning whether an Annex vii Arbitral Tribunal under the un Convention on the Law of the Sea can adjudicate a mixed dispute. The Philippines/China arbitral award of 29 October 2015, along with the 2015 Mauritius/United Kingdom arbitration, sheds some light on this issue. Furthermore, with regard to Article 281 of the Convention, the Tribunal in the Philippines/China arbitration adopted an interpretation that is different from the interpretation adopted by the Annex vii Arbitral Tribunal in the 2000 Southern Bluefin Tuna arbitration. The Philippines/China arbitral award provides important insight into the interpretation of Article 281. In addition, the Tribunal's treatment of China's informal communications merits particular attention.
| Original language | English |
|---|---|
| Journal | The Law and Practice of International Courts and Tribunals |
| Volume | 15 |
| Issue number | 2 |
| Pages (from-to) | 305-325 |
| Number of pages | 21 |
| ISSN | 1569-1853 |
| Publication status | Published - Sept 2016 |