The Marine Environment and the South China Sea Arbitration

Friday, March 10, 2:30pm, Weinmann Hall, Room TBD

Environmental issues played a considerable role in the July 2016 UN arbitration decision regarding the South China Sea dispute. China was found to have violated the UN Convention on the Law of the Sea, in part due to their failure to protect and preserve the marine environment. Panelists will present an overview of the relevant environmental issues, China’s environmental violations, and the significance of the arbitration to international environmental law.

 

Bernard Oxman, Richard A. Hausler Professor of Law, University of Miami School of Law

oxman-picBernard H. Oxman is Richard A. Hausler Professor of Law at the University of Miami School of Law, where he directs the Master of Laws Program in Maritime Law, and regularly teaches Conflict of Laws, International Law, Law of the Sea, and Torts. He received the University of Miami Provost’s Award for Scholarly Activity and the Faculty Senate’s Distinguished Faculty Scholar Award. He has served as a visiting professor at the University of California at Berkeley, Johns Hopkins University, the University of Paris (2), and Stanford University. The author and editor of numerous books and articles on international law, Professor Oxman was co-editor in chief of the American Journal of International Law from 2003 to 2013, and also served as vice-president of the American Society of International Law. He was appointed as judge ad hoc of the International Court of Justice in the Black Sea case and the International Tribunal for the Law of the Sea in the Land Reclamation and Bay of Bengal cases. He has served as arbitrator and counsel in public and private international cases and has advised various governments on international law matters. Professor Oxman received his A.B. and J.D. degrees from Columbia, where he was a Pulitzer Scholar, and then served on active duty in the International Law Division of the Office of the Judge Advocate General of the Navy, which awarded him the Navy Commendation Medal. He then joined the U.S. Department of State, where he was Assistant Legal Adviser for Oceans, Environment, and Scientific Affairs, and served successive presidents as United States Representative to the Third UN Conference on the Law of the Sea, where he was chair of the English Language Group of the Conference Drafting Committee and participated actively in the negotiation of the United Nations Convention on the Law of the Sea. Elected in 2011 to the Institut de Droit international, Professor Oxman is currently a member of the Department of State Advisory Committee on International Law, the American Law Institute, and the Council on Foreign Relations.

 

James Borton, Adjunct Professor at the Center For Asian Studies, Walker Institute at the University of South Carolina

Borton.jpgA veteran editor and writer with over 25 years experience in SE Asia, he is a former director for Asia Pacific Projects for Foreign Affairs, published by the Council of Foreign Relations in New York. He was also The Washington Times Asia Pacific correspondent and still contributes Op-Eds and special reports from the region. He is the author of Venture Japan (Probus 1992) and The Art of Medicine in Metaphors (Copernicus Healthcare 2013). He recently edited The South China Sea: Challenges and Promises (Xlibris 2015). In addition, he successfully edited two journals, Venture Japan and New Asia Review (Greenwood/Praeger) located in Westport, Ct.

As an ocean steward, he has written numerous articles addressing environmental issues in the South China Sea and on the Mekong River. He has previously taught writing to marine science students at Coastal Carolina University.

He’s a faculty associate at the Walker Institute at the University of South Carolina, where embraces an interdisciplinary approach to teaching writing and critical thinking about globalization issues. He’s also a non-resident senior fellow at the US-Asia Institute in Washington, DC.

Borton holds both a B.A and a M.A with honors in English and American Studies from the University of Maryland, College Park, Maryland and has been a former National Endowment Fellow at Yale University. He has also been an active member of the President’s Circle of The Asia Society in New York City and the Foreign Correspondents Club in Hong Kong and Phnom Penh. He is a National Fellow in The Explorers Club, an American-based international multidisciplinary professional society dedicated to the advancement of field research.

 

Hao Jiang (Moderator), Fellow at Tulane Law School Eason Weinmann Center,  JD, LLM, SJD

hao-jiangDr. Hao Jiang is a fellow at Eason Weinmann Center of Comparative and International law and a visiting scholar at Max Planck Institute of International and Comparative private law. He was a visiting associate professor at University of Paris II, and also taught at University of Trieste and Tulane law schools in a range of topics on contract law, comparative law and Chinese law.  He also serves as an of counsel to Whitehead law firm and Shanggong&Partners.