The July 2016 Arbitral Award, Interpretation of Article 121(3) of the UNCLOS, and Selecting Examples of Inconsistent State Practices

Peer-reviewed Journal Article

Song, Yann-huei (2018) The July 2016 Arbitral Award, Interpretation of Article 121(3) of the UNCLOS, and Selecting Examples of Inconsistent State Practices, Ocean Development & International Law 49(3): 247–261.

​This article discusses the insufficient consideration of the role of state practice in the interpretation and implementation of Article 121(3) of the UNCLOS by the Arbitral Tribunal in the South China Sea Arbitration Case. The article argues that the Tribunal's view on the “threshold” established and its conclusion that there was no evidence that an agreement existed based upon state practice on the interpretation of Article 121(3) are open to question.

Read the article here

Authors

Yann-huei Song

Yann-huei Song

PRIO Global Fellow