What is it about?
This article addresses the question whether Spratly Islands is “in law a unit … [such] that the fate of the principal part may involve the rest” (Max Huber). The question was pivotal in the Philippines/China Arbitration. The Tribunal addressed it from the perspective of the archipelago provision in the Law of the Sea Convention. This article approaches the question from the perspective of the Japanese Peace Treaty.
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Why is it important?
This article shows that the arbitration tribunal overlooked a treaty-basis to the status of the Spratly Islands as a single unit.
Perspectives
This article shows that the arbitration tribunal did not fulfill its due diligence obligation under Art. 9, Annex VII and Art. 26 of the Rules of Procedure of the Philippine-China arbitration.
Melissa Loja
University of Hong Kong
Read the Original
This page is a summary of: The Spratly Islands as a Single Unit Under International Law: A Commentary on the Final Award in Philippines/China Arbitration, Ocean Development & International Law, October 2016, Taylor & Francis,
DOI: 10.1080/00908320.2016.1229936.
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