THE SOUTH CHINA SEA AWARD: The Legal Dimension

Transcription

1 CIL International Conference THE SOUTH CHINA SEA AWARD: The Legal Dimension Date: 5 & 6 January 2017, Thu Fri Venue: Regent Singapore The Arbitral Award in the Philippines/China South China Sea disputes issued on 12 July 2016 has been one of the most anticipated decisions of an international tribunal in recent times. Given the complex and multi-faceted nature of the legal aspects of the South China Sea disputes, it is important to examine the significant legal findings in the Award in order to understand what the Award means for the development of the law of the sea and its implications for future dispute resolution. To this end, CIL is organizing a 1.5 day conference that will bring together legal academics and experts to discuss and analyse the legal reasoning used in the Award on issues such as jurisdiction, historic rights, the status and entitlement of features in the South China Sea, and the protection of the marine environment. CIL has taken deliberate care to invite speakers who are not from the claimant states and did not participate in the Arbitral Proceedings. This Conference is limited to invited guests and held under the Chatham House Rule.

2 CHAIRPERSONS (NUS CENTRE FOR INTERNATIONAL LAW) Professor S Jayakumar, Chairman, CIL International Advisory Panel Professor Tommy Koh, Chairman, CIL Governing Board Professor Lucy Reed, Director, CIL Professor Robert Beckman, Head, Oceans Law and Policy Programme, CIL DISTINGUISHED PANELISTS Professor Robert Beckman (CIL, Singapore) Professor Erik Franckx (Vrije Universiteit Brussels, Belgium) Professor Ronan Long (World Maritime University, Malmo, Sweden) Youna Lyons, (CIL, Singapore) Professor Stuart Kaye (University of Wollongong, Australia) Professor Myron Nordquist (University of Virginia, United States) Ambassador Arif Havas Oegroseno (Coordinating Ministry for Maritime Affairs, Indonesia) Professor Nilufer Oral (Istanbul University, Turkey) Judge Paik Jin-Hyun (International Tribunal for the Law of the Sea) Professor Lucy Reed (CIL, Singapore) Captain J. Ashley Roach (CIL, Singapore) Professor Clive Symmons (Trinity College Dublin, Ireland) Professor Antonios Tzanakopoulos (Oxford Law Faculty, United Kingdom)

3 Structure of Conference The Conference will be chaired by Professor S Jayakumar (Chairman, CIL International Advisory Panel), Professor Tommy Koh (Chairman, CIL Governing Board), Professor Lucy Reed (Director, CIL) and Professor Robert Beckman (Head, Oceans Law and Policy Programme). It will consist of six sessions over the course of 1.5 days on 5 and 6 January Each session will be 90 minutes and each session will feature 1 chairperson and 2 speakers. Presentations from the Speakers will take up the first 45 minutes of the session and the remaining 45 minutes will be spent on discussion and questions from the Participants. Conference Programme Day Welcome Address Prof Lucy Reed, Director, CIL Opening Address Prof Tommy Koh, Chairman of the Board of Governors, CIL Session 1: Jurisdictional Issues in the South China Sea Arbitration This session will examine the jurisdictional aspects of the South China Sea arbitration. It will analyse and dissect the Tribunal s decision on (1) whether the preliminary conditions under UNCLOS for the Tribunal to have jurisdiction were met; (2) whether the Philippines claims impinge on territorial sovereignty; and (3) whether the limitations and exceptions in Articles 297 and 298 are applicable. Prof S Jayakumar, CIL Prof Robert Beckman, CIL Prof Stuart Kaye, University of Wollongong, Australia Break & Group Photo (Panellists) Session 2: Historic Rights in the South China Sea Lunch This session will examine the Tribunal s reasoning on whether China has historic rights in the exclusive economic zones of the coastal States in the South China Sea, including its findings on the relationship between historic title and historic rights, as well as the relationship between historic rights and traditional fishing rights. It will also examine the implications of this aspect of the Award for the maritime claims in the South China Sea. Prof Tommy Koh, CIL Prof Clive Symmons, School of Law, Trinity College Dublin, Ireland Professor Antonios Tzanakopoulos, Oxford Law Faculty, United Kingdom

4 Session 3: Entitlement of Islands in the South China Sea This session will examine the Tribunal s interpretation of Article 121 (3) on rocks and islands, its findings on whether Article 121 is applicable to Spratly Islands as a single unit and the application of Article 121 to other high-tide features in the Spratly Islands. It will also examine the implications of this aspect of the Award for the maritime claims in the South China Sea. Prof Robert Beckman, CIL Prof Erik Franckx, Vrije Universiteit Brussels, Belgium Prof Myron Nordquist, University of Virginia, USA Break Session 4: Determining High-tide and Low-tide Features; Legality and Limits of Artificial Islands, Installations and Structures This session will examine the Tribunal s determination of certain features as low-tide elevations or high-tide features and the implications of this for the South China Sea disputes. It will also examine the implications of the Award for the installations, artificial islands and structures that have been constructed in the South China Sea, including the legality of such structures under UNCLOS as well as whether there are any limits on States constructing such structures in other States EEZs and extended continental shelves or in the high seas. Prof Lucy Reed, CIL Captain J. Ashley Roach, CIL Youna Lyons, CIL Dinner Reception

5 Day Session 5: Protection of the Marine Environment This session will examine the Tribunal s findings on China s alleged failure to protect and preserve the marine environment through its harmful fishing practices & harvesting of endangered species as well as its reef construction activities. It will also examine the implications of this aspect of the Award for the maritime claims in the South China Sea. Prof Tommy Koh, CIL Prof Nilufer Oral, Istanbul Bilgi University, Turkey Prof Ronan Long, World Maritime University, Malmo, Sweden Coffee Break Session 6: Implications of the Award for the UNCLOS Dispute Settlement & Procedure The session will also explore the implications of the Award for Part XV of UNCLOS, including the impact of China s non-compliance, the use of third party dispute settlement to resolve contentious disputes and the future of dispute settlement for law of the sea in particular. Prof Jayakumar, CIL Prof Lucy Reed, CIL Judge Jin-Hyun Paik, Judge, International Tribunal for the Law of the Sea Ambassador Arif Havas Oegroseno, Coordinating Ministry for Maritime Affairs, Indonesia Closing Remarks Lunch + End of Conference Tour of National Gallery