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"The South China Sea case: Chess Arbitration?" by Monica Feria-Tinta

In an article for EJIL: Talk! Monica Feria-Tinta looks at the wider questions The South China Sea award raises and its possible impact on the role of arbitration in inter-state disputes. Looking at rare examples in international law in which States chose not to appear to participate in the proceedings, Monica addresses questions such as “what good is an award that cannot be enforced”.  

In her article "The South China Sea case: Chess Arbitration?", Monica argues that contrasting with conventional dispute resolution in which the award puts an end to a dispute, the award in the South China Sea case was neither an end in itself, nor necessarily an attempt to get leverage on the part of Philippines, to negotiate with China at bilateral level. She argues that much like a chess-movement, the South China Sea case is rather the means for something else in a broader chess-like strategy.

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