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The Arbitral Award in the Matter of the South China Sea between the Philippines and China What are the Implications for Freedom of Navigation and the Use of Force?

Journal Article


Abstract


  • This article considers the implications of the Award for freedom of navigation and the

    use of force in the South China Sea, identifying the conclusions that can be drawn from

    the Award and the questions that remain. The Award also indirectly raised the question

    of the use of force to defend navigational rights. This article therefore revisits the Corfu

    Channel Case for the light it may shed on the use of force and freedom of navigation in

    the South China Sea. This leads to questions of the danger of miscalculation and the

    potential importance of the Code for Unplanned Encounters at Sea (cues) in reducing

    the potential for miscalculation to occur. This article argues that the de-escalatory approach

    of cues may be the way in which States can assert competing rights without

    such action leading to loss of life.

UOW Authors


  •   Moore, Cameron (external author)

Publication Date


  • 2017

Citation


  • Moore, C. (2017). The Arbitral Award in the Matter of the South China Sea between the Philippines and China What are the Implications for Freedom of Navigation and the Use of Force?. Asia-Pacific Journal of Ocean Law and Policy, 2 (4), 117-139.

Number Of Pages


  • 22

Start Page


  • 117

End Page


  • 139

Volume


  • 2

Issue


  • 4

Place Of Publication


  • Netherlands

Abstract


  • This article considers the implications of the Award for freedom of navigation and the

    use of force in the South China Sea, identifying the conclusions that can be drawn from

    the Award and the questions that remain. The Award also indirectly raised the question

    of the use of force to defend navigational rights. This article therefore revisits the Corfu

    Channel Case for the light it may shed on the use of force and freedom of navigation in

    the South China Sea. This leads to questions of the danger of miscalculation and the

    potential importance of the Code for Unplanned Encounters at Sea (cues) in reducing

    the potential for miscalculation to occur. This article argues that the de-escalatory approach

    of cues may be the way in which States can assert competing rights without

    such action leading to loss of life.

UOW Authors


  •   Moore, Cameron (external author)

Publication Date


  • 2017

Citation


  • Moore, C. (2017). The Arbitral Award in the Matter of the South China Sea between the Philippines and China What are the Implications for Freedom of Navigation and the Use of Force?. Asia-Pacific Journal of Ocean Law and Policy, 2 (4), 117-139.

Number Of Pages


  • 22

Start Page


  • 117

End Page


  • 139

Volume


  • 2

Issue


  • 4

Place Of Publication


  • Netherlands