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Published online by Cambridge University Press: 22 March 2019
As a teacher of international law for more years than I care to admit, I have to declare at the start of my comments that I admire the South China Sea Arbitration Award greatly. It presents an interpretation of the provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS) on islands and rocks in a comprehensive, carefully considered and intellectually satisfying way. As my colleagues will doubtless point out, it does present problems relating to current existing state practice, but it does to my mind capture what the UNCLOS III drafters had in mind when the 1982 Convention text was put together.
1 South China Sea Arbitration (Phil. v. China), Award, para. 497 (Perm. Ct. Arb. July 12, 2016) [hereinafter Award].
2 Id., para. 543.
3 Id., para. 544.
4 Id., para. 516.
5 Climate Change 2013: The Physical Science Basis, at 1140, 1180, 1186, available at http://www.climatechange2013.org/images/report/WG1AR5_ALL_FINAL.pdf.
6 Text at http://www.ila-hq.org/index.php/committees.
7 Award, supra note 1, para. 541.
8 Id., para. 944.
9 Id., paras. 988, 991.
10 Id., para. 541.
11 Id., para. 966.
12 See Freestone, David & Schofield, Clive, Republic of the Marshall Islands: 2016 Maritime Zones Declaration Act: Drawing “Lines in the Sea,” 31 Int'l J. Marine & Coastal L. 720 (2016)Google Scholar.