The Unfortunate Wording of Article 121(3) of unclos and Its Interpretation in the 2016 South China Sea Arbitration Award

Abstract

Article 121(3) of the 1982 United Nations Convention on the Law of the Sea (unclos) provides for the legal definition of the term “rocks” in international law. This article focuses on key aspects of the interpretation of this provision by the South China Sea Arbitral Tribunal in its Award of 12 July 2016 taking into consideration the current state and prospects of development of international law regarding Article 121(3) of unclos. This research discusses in particular, the method of interpretation applied by the Arbitral Tribunal to define the terms established in Article 121(3) of unclos as well as the meaning given to those terms by the Arbitral Tribunal. In addition, this article examines the (potential) impact of the South China Sea Arbitral Tribunal Award of 12 July 2016 on future State practice and jurisprudence as regards the interpretation and application of Article 121(3) of unclos.