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Ad hoc tribunal on South China Sea arbitration has no legal relationship with PCA: experts

Source: Xinhua 2016-07-17 15:42:57
[Editor: huaxia]

SANSHA, July 15, 2016 (Xinhua) -- A helicopter is sent to rescue a crew member during an emergency drill at seas near Sansha in south China's Hainan Province, July 14, 2016. An emergency drill involving 13 ships and a helicopter was held Thursday morning at seas near Sansha in Hainan, the city's marine bureau said. (Xinhua/Liu Deng)

HONG KONG, July 17 (Xinhua) -- The ad hoc tribunal handling the South China Sea arbitration has no legal relationship with the Permanent Court of Arbitration (PCA), experts said at the Public International Law Colloquium on Maritime Disputes Settlement held here at the weekend.

The ad hoc tribunal is rather an arbitration set up under the United Nations Convention on the Law of the Sea (UNCLOS), Myron Nordquist, professor of the University of Virginia, said on Saturday.

The South China Sea arbitration, according to Professor Nordquist, is not a PCA arbitration.

Kuen-chen Fu, professor of Xiamen University, noted that there is easily confusion about the name of the PCA. He pointed out that the PCA should no longer be called a "court," as it is not an agency of the United Nations, and should not be confused with the International Court of Justice, which is a judicial branch of the UN.

Speaking during the two-day panel, which is jointly organized by the Hong Kong International Arbitration Center and the Chinese Society of International Law, Professor Stefan Talmon from the University of Bonn questioned the make-up of the ad hoc tribunal.

In Talmon's view, mechanisms that have more arbitrators could produce more balanced outcomes than the ad hoc tribunal which has only five members.

Talmon pointed out that there are over 160 parties to the UNCLOS, but only 30 have made appointments to the list of arbitrators, and merely three of them are Asian states.

Parties may consider taking it more seriously in appointing the list of arbitrators, so that there could be a more balanced panels in the future, he said.

The two-day colloquium attracted over 200 law experts from around the world to discuss issues concerning settlements of maritime disputes.

Related:

South China Sea arbitration award has no impact on China's territorial sovereignty -- Chinese premier

ULAN BATOR, July 16 (Xinhua) -- Chinese Premier Li Keqiang said Saturday that the South China Sea arbitration award will have no impact whatsoever on China's territorial sovereignty and maritime rights and interests in the South China Sea.

Speaking in an informal meeting during the 11th Asian-Europe Meeting (ASEM) Summit in Ulan Bator, Li said the South China Sea issue should not be subject to multilateral discussions from the very beginning, and is not included in the Ulan Bator summit's agenda. Full story


[Editor: huaxia]
 
Ad hoc tribunal on South China Sea arbitration has no legal relationship with PCA: experts
                 Source: Xinhua | 2016-07-17 15:42:57 | Editor: huaxia

SANSHA, July 15, 2016 (Xinhua) -- A helicopter is sent to rescue a crew member during an emergency drill at seas near Sansha in south China's Hainan Province, July 14, 2016. An emergency drill involving 13 ships and a helicopter was held Thursday morning at seas near Sansha in Hainan, the city's marine bureau said. (Xinhua/Liu Deng)

HONG KONG, July 17 (Xinhua) -- The ad hoc tribunal handling the South China Sea arbitration has no legal relationship with the Permanent Court of Arbitration (PCA), experts said at the Public International Law Colloquium on Maritime Disputes Settlement held here at the weekend.

The ad hoc tribunal is rather an arbitration set up under the United Nations Convention on the Law of the Sea (UNCLOS), Myron Nordquist, professor of the University of Virginia, said on Saturday.

The South China Sea arbitration, according to Professor Nordquist, is not a PCA arbitration.

Kuen-chen Fu, professor of Xiamen University, noted that there is easily confusion about the name of the PCA. He pointed out that the PCA should no longer be called a "court," as it is not an agency of the United Nations, and should not be confused with the International Court of Justice, which is a judicial branch of the UN.

Speaking during the two-day panel, which is jointly organized by the Hong Kong International Arbitration Center and the Chinese Society of International Law, Professor Stefan Talmon from the University of Bonn questioned the make-up of the ad hoc tribunal.

In Talmon's view, mechanisms that have more arbitrators could produce more balanced outcomes than the ad hoc tribunal which has only five members.

Talmon pointed out that there are over 160 parties to the UNCLOS, but only 30 have made appointments to the list of arbitrators, and merely three of them are Asian states.

Parties may consider taking it more seriously in appointing the list of arbitrators, so that there could be a more balanced panels in the future, he said.

The two-day colloquium attracted over 200 law experts from around the world to discuss issues concerning settlements of maritime disputes.

Related:

South China Sea arbitration award has no impact on China's territorial sovereignty -- Chinese premier

ULAN BATOR, July 16 (Xinhua) -- Chinese Premier Li Keqiang said Saturday that the South China Sea arbitration award will have no impact whatsoever on China's territorial sovereignty and maritime rights and interests in the South China Sea.

Speaking in an informal meeting during the 11th Asian-Europe Meeting (ASEM) Summit in Ulan Bator, Li said the South China Sea issue should not be subject to multilateral discussions from the very beginning, and is not included in the Ulan Bator summit's agenda. Full story


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