Hostname: page-component-7c8c6479df-24hb2 Total loading time: 0 Render date: 2024-03-26T13:49:17.943Z Has data issue: false hasContentIssue false

Remarks by Douglas Guilfoyle

Published online by Cambridge University Press:  22 March 2019

Douglas Guilfoyle*
Affiliation:
Monash University Faculty of Law.

Extract

In my remarks I would like to draw attention to the role of history in the Tribunal's reasoning concerning the regime of islands, both as regards its approach to historical uses of maritime features and in particular its approach to determining what it was the drafters of the UN Convention on the Law of the Sea (UNCLOS) intended. My contention in these remarks is that the Tribunal took an unashamedly developing-state oriented view in its conception of the object and purpose of the regime of islands, thus foregrounding perspectives that were present at the time of the negotiation of UNCLOS but which are not necessarily given much attention in the contemporary English-language literature. Before turning to this perspective, one must closely scrutinize the Tribunal's reading of UNCLOS Article 121.

Type
The Regime of Islands in the Aftermath of the South China Sea Arbitration
Copyright
Copyright © by The American Society of International Law 2019 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 These comments draw on a paper published in 8 Asian J. Int'l L. 51 (2018).

2 South China Sea Arbitration (Phil. v. China), Award, para. 475 (Perm. Ct. Arb. July 12, 2017) [hereinafter Award].

3 Id., paras. 483–84.

4 Id., para. 487.

5 All references in this paragraph are to: Award, supra note 2, para. 497 (emphases added).

6 Id., para. 500 (emphasis added).

7 Id., para. 503.

8 All references in this paragraph are to: Award, supra note 2, paras. 514–15.

9 Id., para. 515 (emphasis added).

10 Id., para. 519.

11 Id., para. 520. See further id. para. 542, also repeating the word “home.”