In a region fraught with tensions and conflicts, the South China Sea Arbitral Award Case (Case) concerned maritime conflicts between the Philippines and China, an inter-State, non-consensual, ex-parte arbitration under Annex VII of the UN Law of the Sea Convention (UNCLOS). The Case went against China. The Annex VII Tribunal decision of first and last instance, was final and without appeal. However, to the authors, the Case drew attention to the inherently unfair provisions of an exparte hearing under Annex VII that violates the principle of natural justice and casts uncertainty on the role and future of mandatory conciliation under the UNCLOS. These omissions are addressed here. Noting these omissions and limitations, to restore regional goodwill, ameliorate conflicts and tensions, and promote dispute settlement, a solution in mandatory conciliation is proposed -“A Partnership in Comity and Conciliation for the South China Sea”- with its provenance rooted in international law.

The Prep Com recommended in July that the UNGA initiate a negotiating conference on areas beyond national jurisdiction. It is widely expected to make such a decision. Then, the long haul negotiation will begin. The 1982 UN Convention on the Law of the Sea does not regulate marine genetic resources in areas beyond the national jurisdiction of States (BBNJ). Part XIII of the Convention could accommodate BBNJ research, but not its governance. The triangulation of three factors-the interim absence of an international framework for governance of BBNJ research, an indirect reference to this issue in the on-going BBNJ deliberations on access and benefit sharing and an interim laissez-faire attitude in BBNJ exploration and exploitation-leads to a need for transparency in governance of BBNJ research activities. To address this lacuna, a United Nations Register on BBNJ Research Activities is recommended, encouraging scientists from all regions including Asia to engage in BBNJ research.