International Law Of The Sea In The Twenty First Century The State Practice In East Asia

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International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia

Author : Keyuan Zou
Publisher : World Scientific
Page : 307 pages
File Size : 43,9 Mb
Release : 2021-11-24
Category : Law
ISBN : 9789811237072

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International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia by Keyuan Zou Pdf

The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

The International Law of the Sea in the 21st Century

Author : Keyuan Zou
Publisher : World Scientific Publishing Company
Page : 220 pages
File Size : 51,8 Mb
Release : 2021
Category : Law
ISBN : 9811237050

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The International Law of the Sea in the 21st Century by Keyuan Zou Pdf

The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

Law of the Sea in South East Asia

Author : Donald R Rothwell,David Letts
Publisher : Routledge
Page : 323 pages
File Size : 53,5 Mb
Release : 2019-07-19
Category : Law
ISBN : 9780429664960

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Law of the Sea in South East Asia by Donald R Rothwell,David Letts Pdf

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

Law of the Sea in East Asia

Author : Keyuan Zou
Publisher : Routledge
Page : 251 pages
File Size : 55,7 Mb
Release : 2013-04-03
Category : History
ISBN : 9781134267644

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Law of the Sea in East Asia by Keyuan Zou Pdf

Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.

The Law of the Sea and Northeast Asia

Author : Hŭi-gwŏn Pak
Publisher : Martinus Nijhoff Publishers
Page : 272 pages
File Size : 50,8 Mb
Release : 2000
Category : Law
ISBN : 9041114076

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The Law of the Sea and Northeast Asia by Hŭi-gwŏn Pak Pdf

The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.

China as a Twenty-First Century Naval Power

Author : Michael A McDevitt
Publisher : Naval Institute Press
Page : 263 pages
File Size : 41,6 Mb
Release : 2020-10-15
Category : History
ISBN : 9781682475447

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China as a Twenty-First Century Naval Power by Michael A McDevitt Pdf

Xi Jinping has made his ambitions for the People's Liberation Army (PLA) perfectly clear, there is no mystery what he wants, first, that China should become a "great maritime power" and secondly, that the PLA "become a world-class armed force by 2050." He wants this latter objective to be largely completed by 2035. China as a Twenty-First-Century Naval Power focuses on China's navy and how it is being transformed to satisfy the "world class" goal. Beginning with an exploration of why China is seeking to become such a major maritime power, author Michael McDevitt first explores the strategic rationale behind Xi's two objectives. China's reliance on foreign trade and overseas interests such as China's Belt and Road strategy. In turn this has created concerns within the senior levels of China's military about the vulnerability of its overseas interests and maritime life-lines. is a major theme. McDevitt dubs this China's "sea lane anxiety" and traces how this has required the PLA Navy to evolve from a "near seas"-focused navy to one that has global reach; a "blue water navy." He details how quickly this transformation has taken place, thanks to a patient step-by-step approach and abundant funding. The more than 10 years of anti-piracy patrols in the far reaches of the Indian Ocean has acted as a learning curve accelerator to "blue water" status. McDevitt then explores the PLA Navy's role in the South China Sea and the Indian Ocean. He provides a detailed assessment of what the PLAN will be expected to do if Beijing chooses to attack Taiwan potentially triggering combat with America's "first responders" in East Asia, especially the U.S. Seventh Fleet and U.S. Fifth Air Force. He conducts a close exploration of how the PLA Navy fits into China's campaign plan aimed at keeping reinforcing U.S. forces at arm's length (what the Pentagon calls anti-access and area denial [A2/AD]) if war has broken out over Taiwan, or because of attacks on U.S. allies and friends that live in the shadow of China. McDevitt does not know how Xi defines "world class" but the evidence from the past 15 years of building a blue water force has already made the PLA Navy the second largest globally capable navy in the world. This book concludes with a forecast of what Xi's vision of a "world-class navy" might look like in the next fifteen years when the 2035 deadline is reached.

Maritime Cooperation in Semi-Enclosed Seas

Author : Keyuan Zou
Publisher : BRILL
Page : 272 pages
File Size : 49,8 Mb
Release : 2019-05-07
Category : Law
ISBN : 9789004396630

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Maritime Cooperation in Semi-Enclosed Seas by Keyuan Zou Pdf

This edited volume brings together distinguished scholars in an interdisciplinary discussion of the implementation of Article 123 of the LOSC in East Asia and Europe and offers insights for promoting maritime cooperation in semi-enclosed seas.

Oceans Governance in the Twenty-first Century

Author : Marcus G. Haward,Joanna Vince
Publisher : Edward Elgar Publishing
Page : 260 pages
File Size : 51,9 Mb
Release : 2008-01-01
Category : Business & Economics
ISBN : 1782543163

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Oceans Governance in the Twenty-first Century by Marcus G. Haward,Joanna Vince Pdf

'This book is recommended for anyone wanting to quickly get up to speed with oceans governance, bearing in mind at this stage it is an immature and quickly developing field. The strength of the book is that it is grounded in real-world examples from four case study countries and in this context at the very least exposes the reader to emergent oceans governance and policy issues. . . an excellent starting point for further analysis of oceans governance and sets up a research agenda for the future.' - Murray Patterson, Journal of Ecological Economics

International Law in East Asia

Author : Zou Keyuan
Publisher : Routledge
Page : 450 pages
File Size : 43,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562300

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International Law in East Asia by Zou Keyuan Pdf

As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

The South China Sea

Author : C. J. Jenner,Tran Truong Thuy
Publisher : Cambridge University Press
Page : 381 pages
File Size : 52,5 Mb
Release : 2016-09
Category : History
ISBN : 9781107081420

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The South China Sea by C. J. Jenner,Tran Truong Thuy Pdf

The South China Sea has long been a source of conflict and represents a core contemporary security issue in the Indo-Asia-Pacific region. This book offers an empirical analysis of the global ocean's most contested maritime territory, the South China Sea and its agents of contest.

Transnational Trajectories in East Asia

Author : Yasemin Nuhoḡlu Soysal
Publisher : Routledge
Page : 274 pages
File Size : 45,7 Mb
Release : 2014-11-20
Category : Political Science
ISBN : 9781317592594

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Transnational Trajectories in East Asia by Yasemin Nuhoḡlu Soysal Pdf

In recent decades, East Asia has become increasingly interconnected through trade, investment, migration, and popular culture at regional and global levels. At the same time, the region has seen renewed national assertiveness and nationalist impulses. The book interrogates these seemingly contradictory developments as they bear on the transformations of the nation and citizenship in East Asia. Conventionally, studies on East Asia juxtapose these developments, focusing on the much-exercised dichotomy of the national and transnational. In contrast, this book suggests a different orientation. First, it moves beyond the simplistic view that demarcates the transnational as "the West". Second, it does not view the national and transnational as distinct or contradictory spheres of influence and analysis, but rather, focuses on the interactions between the two, with a view on how these interactions work to transform the ideals and practices of the "good nation", "good society", and "good citizen". The chapters cover a broad range of empirical research--education, science, immigration, multicultural policy, human rights, gender and youth orientations, art and food flows, politics of values and regional identity--which highlight the ways in which the nation is reconfigured, and the relationship between the citizen and (national) collective is redefined, in relation to transnational dynamics and frameworks. Transnational Trajectories in East Asia provides a new perspective on and original analysis of transnational processes, bringing a fresh understanding to developments of the nation and citizenship in the region. It will be of great interest to students and scholars of transnationalization and globalization; comparative citizenship, migration, and multiculturalism; and Asian politics, society, and regionalism.

The Interception of Vessels on the High Seas

Author : Efthymios Papastavridis
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 47,9 Mb
Release : 2014-08-28
Category : Law
ISBN : 9781782250852

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The Interception of Vessels on the High Seas by Efthymios Papastavridis Pdf

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

The Battle for International Law

Author : Jochen von Bernstorff,Philipp Dann
Publisher : Oxford University Press
Page : 464 pages
File Size : 45,7 Mb
Release : 2019-10-22
Category : Law
ISBN : 9780192589477

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The Battle for International Law by Jochen von Bernstorff,Philipp Dann Pdf

This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.

Asian Approaches to International Law and the Legacy of Colonialism

Author : Jin-Hyun Paik,Seok-Woo Lee,Kevin Y. L. Tan
Publisher : Routledge
Page : 185 pages
File Size : 51,9 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781136223822

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Asian Approaches to International Law and the Legacy of Colonialism by Jin-Hyun Paik,Seok-Woo Lee,Kevin Y. L. Tan Pdf

The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

Asia-Pacific and the Implementation of the Law of the Sea

Author : Seokwoo Lee,Warwick Gullett
Publisher : BRILL
Page : 240 pages
File Size : 40,6 Mb
Release : 2016-06-02
Category : Law
ISBN : 9789004310711

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Asia-Pacific and the Implementation of the Law of the Sea by Seokwoo Lee,Warwick Gullett Pdf

Asia-Pacific and the Implementation of the Law of the Sea reviews the legislative and policy approach taken by selected States to fulfil their obligations under the United Nations Law of the Sea Convention (LOSC).