Historic rights

초록

Professor Lee and Dr Bautista discuss historic rights under the United Nations Convention on the Law of the Sea (UNCLOS) in light of the award of the arbitral tribunal in the South China Sea Arbitration. After presenting the concept of historic rights in the law of the sea, they examine instances of case law prior to the award that have dealt with the relationship between historic claims and the law of the sea. Next they turn to the arbitral award in the South China Sea Arbitration as it relates to historic rights. In conclusion, they offer reflections on the impact and contribution of the award to the rules and principles of UNCLOS in light of the interpretive approach employed by the arbitral tribunal, as well as with regard to the fundamental relationship between UNCLOS and the concept of historic rights in international law. © The Editor and Contributors Severally 2020. All rights reserved.