ABSTRACT
This chapter describes the dispute settlement provisions in Part XV of the Law of the Sea Convention and their applicability to South China Sea issues, particularly for the four littoral States – China, the Philippines, Malaysia and Vietnam – as they are parties to the Convention. This chapter first describes the seven general provisions. It then describes the compulsory procedures entailing binding decisions in the 11 articles of Section 2. Arbitration under Annex VII is identified as the default forum applicable to the littoral States. It further describes the limitations and exceptions to the applicability of Section 2. The limitations are first described, followed by the optional exceptions, which among the littoral States only China has exercised. It provides a brief summary of the effects of non-appearance, the factors that may affect the choice of forum, and advisory opinions. This chapter closes with summaries of the three annexes on conciliation, arbitration, and special arbitration. Reference is made to the Timor-Leste – Australia conciliation. Throughout reference is also made to the practice of States under Part XV and the decisions of the International Tribunal for the Law of the Sea. Parallels to the International Court of Justice are also identified.
