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  • 【博士生学术讲座】:南海仲裁案中的勤勉义务
  • 发布时间:2019/01/02 17:14:31 新闻来源: 本站 点击量:

讲座题目:The South China Sea Arbitration: Expansions of Due Diligence Obligation and Overlooked Evidence of Destructive Fishing

时间:1月3日(星期四)上午10点

地点:主楼E-1004

报告人:郭剑萍

内容简介:

In the South China Sea Arbitration, the Tribunal decided that China did not breach the due diligence obligation to protect and preserve the marine environment under Articles 192 and 194(5) of the United Nations Convention on the Law of the Sea concerning Chinese fishermen fishing with explosives, but breached the same obligation regarding Chinese fishermen harvesting endangered species. This article aims to analyze how the Tribunal interpreted due diligence obligation and thus why China breached one but the other. It argues from a Chinese perspective that there were facts overlooked by the Tribunal that China could have presented to counter the evidence of the Philippines and might have been enough to affect the decision on destructive fishing, had China participated the abitration.