Environmental Obligations in the South China Sea Arbitration: A legal analysis of environmental obligations in the 2016 PCA arbitral award (Merits) “The Republic of Philippines v. The People’s Republic of China”

Details

Supervisors

Gautier, Philippe

Faculty

Faculté de droit et de criminologie

Degree label

Master de spécialisation en droit international

Abstract

This research paper looks at the legal issues regarding marine environmental protection in the so-called South China Sea Arbitration raised by the PCA Arbitration Tribunal in its 2016 Award on the Merits. Given the South China Sea's highly precious fisheries and extensive coral reef ecosystems, the alleged violation of environmental obligations under the United Nations Convention on the Law of the Sea was significant in this arbitration. The Arbitral Tribunal examined the following requirements related to marine environmental protection under the UN Convention on the Law of the Sea: due diligence, environmental impact assessment, and (international) collaboration. The Tribunal's arbitral decision appears to clarify the interpretation of key clauses pertaining to maritime environmental protection under the Convention. Furthermore, the arbitration has a notable feature which shall be evidenced. The Tribunal invited scientific experts to provide several independent findings and views on environmental harm caused by China's behaviour and actions in the South China Sea. The consideration and engagement of scientists in the South China Sea arbitration is significant because scientific evidence is particularly critical in the resolution of international environmental disputes.