Yinan Bao

In the Jurisdictional Award of the South China Sea Arbitration, the Arbitral Tribunal found that it has jurisdiction over two submissions concerning low-tide elevations requested by the Philippines. In response to this Award, this paper briefly analyses the theories and practice of determining the status of low-tide elevations. It aims at answering two critical questions. First, whether the determination of status of low-tide elevations involves maritime delimitation in the South China Sea Arbitration? Second, whether low-tide elevations can be appropriated is an issue concerning the interpretation or application of the United Nations Convention on the Law of the Sea? This paper will reveal that the unilateral argumentation provided by the Philippines is erroneous. Besides, the conclusions made by the Arbitral Tribunal are also fallacious. In addition, this paper will argue that in the South China Sea Arbitration, the determination of status of low-tide elevations will inevitably involve maritime delimitation. Accordingly, the Arbitral Tribunal shall not have jurisdiction over submissions concerning the determination of status of Mischief Reef and other maritime features. Moreover, this paper will argue that the question whether low-tide elevations can be appropriated is not an issue concerning interpretation or application of the Convention. Therefore, the Arbitral Tribunal shall not have jurisdiction over both submissions requested by the Philippines.

The principle of diplomatic inviolability was originated in antiquity and has undergone progressive evolution over the past thousand years. It is now unanimously regarded by international law scholars as one of the core principles of contemporary international law. This essay examines the origin of the principle of diplomatic inviolability, analyses the historical evolution of the principle through a detailed survey of both its theoretical and practical development from antiquity to contemporary times. The essay also generalises some notable features of the historical evolution of the principle of diplomatic inviolability in distinct historical periods and thereby infers that in the near future, the principle of diplomatic inviolability will continue to be recognised as an established principle of international law as well as a cornerstone of international relations.

The official announcement of the establishment of the East China Sea Air Defence Identification Zone and the announcement of the Aircraft Identification Rules for the East China Sea Air Defence Identification Zone by China in late November 2013 have caused considerable sensation as well as controversy in the international community. In this short article, the author will make comments on three questions related to the establishment and operation of the Chinese ADIZ: What is the legal status of ADIZ in contemporary international law? Whether the establishment of the Chinese ADIZ conforms to the contemporary customary international law? Whether the Chinese aircraft identifications rules conform to the customary international law? The author will argue that the establishment of the Chinese ADIZ and the Chinese aircraft identification rules do not contravene customary international law. Even though some specific aircraft identification rules announced by China do not entirely accord with the current State practice, customary international law does not prohibit these rules. Moreover, the legality of these rules is also enhanced by the increasing recognition by other States.

The publication of the second printed edition of The Max Planck Encyclopedia of Public International
Law (MPEPIL) by Oxford University Press in spring 2012 can be regarded as a remarkable event in
the academia of public international law. This book review provides a brief summary of the notable
features of this renowned encyclopedia. It reveals that the second edition not only updates most of
the traditional topics of public international law in its first edition but also keeps pace with the recent
development of public international law by adding hundreds of newly written entries. The variety of the
contributors from all over the world also ensures that the second edition of the MPEPIL fully
represents the global scholarship of public international law. Moreover, the research-friendly features
and its comprehensive bibliography make the second edition of the MPEPIL an indispensable
learning resource for public international students and scholars.