“The Reality of China’s Legal Obligations in The South China Sea” is the most recently article by DKI APCSS Associate Dean for Academics Dr. Justin Nankivell. The article was part of a special edition of ASEAN Focus published by the ASEAN Studies Centre at ISEAS-Yusof Ishak Institute in Singapore.
This special edition entitled “South China Sea arbitrations: Responses & Implications” is a collection of short pieces analyzing the ruling, written by South China Sea experts from both claimant and non-claimant states.
Dr. Nankivell’s article discusses international law, compliance and obligation under the United National Convention on the Law of the Sea (UNCLOS). According to Dr. Nankivell: “The law is quite clear on these questions. State parties to UNCLOS are legally bound by its provisions, and China has been a party since 1996.” He further stated that China “has no legal recourse in this case, as no appeal system exists in UNCLOS and the Tribunal’s award is final.”
The publication also includes a summary of the award and discusses rapid changes in the legal landscape. Other articles highlight the impacts on various countries in the region as well as relations between countries directly impacted by the ruling.
“South China Sea Arbitrations: Responses & Implications” can be found online at this link.