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Maritime Order and the Law in East Asia by Nong Hong,Gordon Houlden Pdf
Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
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.
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.
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.
Assessing Maritime Disputes in East Asia by Barthelemy Courmont,Frederic Lasserre,Eric Mottet Pdf
Combining practical and theoretical approaches, this book addresses the political, legal and economic implications of maritime disputes in East Asia. The maritime disputes in East Asia have multiplied over the past few years, in parallel with the economic growth of the countries in the region, the rise of nationalist movements, fears and sometimes fantasies regarding the emergence of the People’s Republic of China (PRC) as a global power, increasing military expenses, as well as speculations regarding the potential resources in various disputed islands. These disputes, however, are not new and some have been the subject of contention and the cause of friction for decades, if not centuries in a few cases. Offering a robust analysis, this volume explores disputes through the different lenses of political science, international law, history and geography, and introduces new approaches in particular to the four important disputes concerning Dokdo/Takeshima, Senkaku/Diaoyu, Paracels and Spratlys. Utilising a comparative approach, this book identifies transnational trends that occur in the different cases and, therefore, at the regional level, and aims to understand whether the resurgence of maritime disputes in East Asia may be studied on a case by case basis, or should be analysed as a regional phenomenon with common characteristics. This book will be of interest to students of Asian Politics, Maritime Security, International Security, Geopolitics and International Relations in general.
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 Belt and Road Initiative and the Law of the Sea by Keyuan Zou Pdf
The Belt and Road Initiative and the Law of the Sea offers insightful discussions on the use of oceans in the context of the Belt and Road Initiative covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea.
Global Maritime Safety & Security Issues and East Asia by Suk Kyoon Kim Pdf
In Global Maritime Safety & Security Issues and East Asia, Suk Kyoon Kim offers a multi-disciplinary perspective on various issues of maritime safety and security, focusing on East Asia. Ranging from the definitions of maritime safety and security, this book provides insights on a wide range of maritime safety and security regimes and issues.
Maritime Security between China and Southeast Asia by Liselotte Odgaard Pdf
Arguing that security relations between China and Southeast Asia are profoundly affected by disputes over maritime space and territory in the South China Sea, the author demonstrates that the primacy of strategic competition over strategic partnerships promotes the emergence of a structure of deterrence, encouraging South East Asia to side with the United States to balance the military power of China. Combining the concepts of international disputes and order, the book establishes a framework designed to focus on periods of transition where international regulatory mechanisms are out of step with developments in the security environments of states. Features include: - Substantial evidence that strategic competition between the United States, China and South East Asia promotes stability. - A comprehensive account of military, diplomatic, economic, historical and legal aspects of security environments of states. Suitable for scholars and graduate students of international relations, international law, security studies, conflict management and regionalism, it will also be invaluable supplementary reading for undergraduate courses.
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.
Maritime Security in Southeast Asia by Kwa Kwa Chong Guan,John Skogan Pdf
This book confronts both the maritime security challenges and responses. In Southeast Asia, maritime security has, over the last twenty years, taken on a much greater importance, due to the Law of the Sea convention, which has resulted in a 200 nautical mile Exclusive Economic Zones (EEZs). As well as traditional security threats to maritime security, there has also emerged a range of non-traditional threat, such as those emanating from piracy and international terrorism that spill over into the maritime domain. Events such as September 11th, and the designation of Southeast Asia as a 'second front' in the war against terrorism, have resulted in the growing realization that multilateral security cooperation is required in order to better manage emerging security threats. Expert contributors to this book identify the nature of the maritime security problem and critically evaluate the various responses with an eye to improving the management of prevailing and emerging security threats. This book will be an invaluable resource to academics, policy analysts, legislators and students interested in security issues in Southeast Asia.
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.
Japanese Maritime Security and Law of the Sea by Yurika Ishii Pdf
Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.
Author : Tonio Andrade,Xing Hang Publisher : University of Hawaii Press Page : 401 pages File Size : 55,6 Mb Release : 2016-03-31 Category : History ISBN : 9780824852771
Sea Rovers, Silver, and Samurai by Tonio Andrade,Xing Hang Pdf
Sea Rovers, Silver, and Samurai traces the roots of modern global East Asia by focusing on the fascinating history of its seaways. The East Asian maritime realm, from the Straits of Malacca to the Sea of Japan, has been a core region of international trade for millennia, but during the long seventeenth century (1550 to 1700), the velocity and scale of commerce increased dramatically. Chinese, Japanese, and Vietnamese smugglers and pirates forged autonomous networks and maritime polities; they competed and cooperated with one another and with powerful political and economic units, such as the Manchu Qing, Tokugawa Japan, the Portuguese and Spanish crowns, and the Dutch East India Company. Maritime East Asia was a contested and contradictory place, subject to multiple legal, political, and religious jurisdictions, and a dizzying diversity of cultures and ethnicities, with dozens of major languages and countless dialects. Informal networks based on kinship ties or patron-client relations coexisted uneasily with formal governmental structures and bureaucratized merchant organizations. Subsistence-based trade and plunder by destitute fishermen complemented the grand dreams of sea-lords, profit-maximizing entrepreneurs, and imperial contenders. Despite their shifting identities, East Asia’s mariners sought to anchor their activities to stable legitimacies and diplomatic traditions found outside the system, but outsiders, even those armed with the latest military technology, could never fully impose their values or plans on these often mercurial agents. With its multilateral perspective of a world in flux, this volume offers fresh, wide-ranging narratives of the “rise of the West” or “the Great Divergence.” European mariners, who have often been considered catalysts of globalization, were certainly not the most important actors in East and Southeast Asia. China’s maritime traders carried more in volume and value than any other nation, and the China Seas were key to forging the connections of early globalization—as significant as the Atlantic World and the Indian Ocean basin. Today, as a resurgent China begins to assert its status as a maritime power, it is important to understand the deep history of maritime East Asia.