ABSTRACT

This chapter reviews the various issues as they particularly apply with respect to the mechanisms that are available to states under Article 298 of the Law of the Sea (LOSC) with particular reference to the default mechanism of conciliation as a means of dispute resolution. It does so in the context of China's Article 298 declaration and the implications that may have for the outcome of Annex VII Arbitration proceedings commenced by the Philippines against China with respect to certain matters in the South China Sea. The chapter commences with a short review of those proceedings, before turning to consider mechanisms generally under Part XV of the LOSC, Article 298 declarations, and Annex V Conciliation. It considers to the implications of these mechanisms for the Philippines/China South China Sea dispute. The Philippines notification to China, dated 22 January 2013, activated procedures under Article 287 and Annex VII of the LOSC.