Arbitration practice of the Permanent Court of Arbitration with respect to interstate maritime disputes
Journal Title: Альманах міжнародного права - Year 2017, Vol 17, Issue
Abstract
The article analyzes the decisions of arbitration tribunals concerning interna- tional maritime disputes; the cases are systematized for which temporary measures of legal pro- tection were prescribed; the author proved the existence of law-making arbitration practice (juris- prudence constante) regarding the resolution of international maritime disputes of a public-law nature. International arbitration performs the law-making function. The PCA decisions have the precedent nature of convincing content. Arbitration decisions make a significant contribution to the development of internation- al law and international procedural law: a) the issues of historical waters, the historical title are solved through judicial practice; b) the orders for provisional measures are adopted on the basis of numerical citing of preliminary cases, in particular procedural nature. The dispute “The Republic of the Philippines v. the People’s Republic of China” (Case No. 2013-19) was analyzed, because the foreign policy actions of China and the Russian Federation have similar features and effects. During the year after the decision, the leadership of the People’s Republic of China does not execute the arbitration award and tries to force the international community to recognize its rights in the South China Sea. Consequently, the threat to peace in the region still has been exist- ing, therefore, it is extremely necessary to improve the mechanism for mandatory enforcement of decisions of international arbitration and judicial institutions.
Authors and Affiliations
І. С. БОЙКО
Keywords
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