Lessons from the South China Sea Ruling: Med-Arb as the Recommended Dispute Resolution Method for Asia's Maritime Disputes Under UNCLOS

Authors

Julia Y. Yang, Benjamin N. Cardozo School of Law

Abstract

-This Note discusses the weaknesses of the current default dispute resolution method implemented by UNCLOS. Part II of this Note illustrates the recent history and the nature of the South China Sea dispute and the legal context provided by UNCLOS for maritime disputes in Asia. Part III will discuss the inadequacy of the current default adjudication method implemented by UNCLOS. Part IV recommends the adoption of med-arb as the ideal dispute resolution method and a requirement to show consent before parties engage in proceedings for maritime dispute resolutions in Asia.

Disciplines

Dispute Resolution and Arbitration | International Law | Law | Law of the Sea

Recommended Citation

Julia Y. Yang, Lessons from the South China Sea Ruling: Med-Arb as the Recommended Dispute Resolution Method for Asia's Maritime Disputes Under UNCLOS, 19 Cardozo J. Conflict Resol. 783 (2018).
Available at: https://larc.cardozo.yu.edu/cjcr/vol19/iss3/9