Award issued regarding South China Sea territorial claims

map displaying disputed territories in South China Sea

Award issued July 12, 2016

The Permanent Court of Arbitration in The Hague, the Netherlands, issued its award regarding the dispute between the People’s Republic of China and the Philippines over territorial claims in the South China Sea.

Background material

Permanent Court of Arbitration

The Permanent Court of Arbitration (PCA) is an intergovernmental organization established by the 1899 Hague Convention on the Pacific Settlement of International Disputes. The PCA has 121 Member States. Headquartered at the Peace Palace in The Hague, the Netherlands, the PCA facilitates arbitration, conciliation, fact-finding, and other dispute resolution proceedings among various combinations of States, State entities, intergovernmental organizations, and private parties.

Carolina boundaries

North_Carolina_-_South_Carolina_1851_map-956x737

Questions of jurisdiction are often threshold questions that must be answered before further legal analysis can take place. Simply knowing what state you’re in seems basic and straightforward. But that can change.

The South Carolina legislature recently clarified the boundary between North Carolina and South Carolina. 2016 S.C. Act No. 270. As a result, parts of North became South, and parts of South became North.

Take a look at the act, and notice all the S.C. Code sections the legislature identified as being affected by that one simple change of jurisdictional boundary. The one that caught the library’s eye addresses the question of in-state tuition. To find it, go to the full text of the act, then type Ctrl+f or Command+f, and search for the word tuition.

International legal news: Brexit voting results

In a historic vote, the UK voted in a non-binding referendum to leave the European Union (BBC).

Article 50 of the Treaty on the European Union provides the procedure to withdraw from the European Union.

The withdrawing State notifies the European Council of its intention and thereafter has two years to negotiate a withdrawal agreement before the EU treaties cease to apply to the withdrawing State.

As this withdrawal procedure has never been implemented before, next steps and the outcome of the negotiations between the UK and the EU are uncertain.

The scholarly interests of our Associate Dean and Director of the Law Library, Duncan Alford, include international banking law. As this process unfolds, there will certainly be implications for that area in particular.

SC law addresses Greek org hazing

Tucker Hipps Transparency Act” is the popular name of a South Carolina law in the news. 2016 S.C. Act No. 265. Read more about who Tucker Hipps was and how his name became associated with this legislative act in The State, The Post and Courier, and the The Chronicle of Higher Education.

Highlights of the Act

The act is an attempt to address hazing and other misconduct by fraternities and sororities. It requires all universities in the state to keep records of student-conduct violations. S.C. Code Ann. § 59-101-210(A)(1). According to the Chronicle, several universities had already been doing this recordkeeping, but the law provides new specifications as to what information the records must contain, where the reports must be sent and posted, and how often the reports must be updated.

For instance, the act requires universities to publish reports of student-conduct violations in a “prominent location,” S.C. Code Ann. § 59-101-210(A)(6), on the university’s website and to provide a printed handout at student orientation, S.C. Code Ann. § 59-101-210(A)(7), with the web address of the report. As one example, the University of South Carolina publishes its report on the Organizational Student Conduct page.

Legal Research Perspective

Note the federal and state laws referenced in the text of the act. Law students, consider how this new state law (the Tucker Hipps Transparency Act) relates in different ways to an existing federal law (FERPA) and an existing state law (the South Carolina Freedom of Information Act).

Note also that the act expires June 9, 2019 if not extended or reenacted by the legislature. Advance warning to lawyers of the future: update your research by checking whether the legislature extends or reenacts the act, or lets it expire.