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Author: Vu Hai Dang
Publisher: Martinus Nijhoff Publishers
ISBN: 9004266356
Category : Law
Languages : en
Pages : 338
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Book Description
The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and due mainly to complicated sovereignty and maritime disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. Marine Protected Areas Network in the South China Sea discusses legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to decreasing the tension among its coastal States. These measures are suggested in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions.
Author: Vu Hai Dang
Publisher: Martinus Nijhoff Publishers
ISBN: 9004266356
Category : Law
Languages : en
Pages : 338
Get Book Here
Book Description
The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and due mainly to complicated sovereignty and maritime disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. Marine Protected Areas Network in the South China Sea discusses legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to decreasing the tension among its coastal States. These measures are suggested in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions.
Author: Anna von Rebay
Publisher: Springer Nature
ISBN: 3031291751
Category : Law
Languages : en
Pages : 289
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Book Description
This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
Author: James Borton
Publisher: Universal-Publishers
ISBN: 1627343709
Category : Political Science
Languages : en
Pages : 270
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Book Description
The impact of continuous coastal development, reclamation, destruction of corals, overfishing and increased maritime traffic places all of us on the front lines of preserving our oceans. Marine biologists, who share a common language that cuts across political, economic and social differences, recognize that the sea’s remarkable coral reefs, which provide food, jobs and protection against storms and floods, have suffered unprecedented rates of destruction in recent decades. Dispatches from the South China Sea’s blend of participatory research and field reportage paves the way for a transformation of policy and, provides a basis for the eventual resolution of some of today’s major maritime conflicts. From overfishing, illegal and unregulated fishing, coral reef destruction and reclamations, Dispatches from the South China Sea charts science-driven cooperation opportunities. James Borton purposefully and passionately argues that the South China Sea can become a body of water that unites, rather than divides.
Author: Murray Hiebert
Publisher: Rowman & Littlefield
ISBN: 1442240334
Category : Political Science
Languages : en
Pages : 161
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Book Description
The South China Sea is arguably one of the world’s most dangerous regions, with conflicting diplomatic, legal, and security claims by major and mid-level powers. To assess these disputes, CSIS brought together an international group of experts—from Australia, Canada, China, Indonesia, Japan, Malaysia, the Philippines, the United Kingdom, the United States, and Vietnam. This volume gathers these experts’ analyses to provide a diverse and wide-ranging set of perspectives on the region and to explore possibilities for future cooperation.
Author: Tran Truong Thuy
Publisher: Lexington Books
ISBN: 1498512771
Category : History
Languages : en
Pages : 390
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Book Description
Over the last few decades there has been growing recognition of the importance of a peaceful and stable South China Sea for Indo-Pacific security and development, a recognition that has been underlain, paradoxically, by the increasingly precarious situation in this body of water that straddles critical shipping lanes from the Indian to the Pacific Ocean. This book informs its readership of the most recent developments in the South China Sea with insightful and prescient analyses from both legal and international relations perspectives. It delves into the policy perspectives and deliberations of the various relevant regional and extra-regional actors in the South China Sea dispute, the exercise of international law in the context of the changing regional political landscape, and the promise and pitfalls of past, current, and potential initiatives to manage and settle the dispute. Written by some of the most well-known scholars and knowledgeable insiders in the fields South China Sea studies, the collection offers a wide array of diverse views that should help enrich the ongoing global discussion on conflict management and resolution in the South China Sea.
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1009035916
Category : Law
Languages : en
Pages : 684
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Book Description
This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.
Author: Murray Hiebert
Publisher: Rowman & Littlefield
ISBN: 1442279850
Category : Political Science
Languages : en
Pages : 168
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Book Description
The Center for Strategic and International Studies (CSIS) hosted its sixth annual South China Sea conference in July 2016. The conference provided four panels of highly respected experts from 10 countries with a first opportunity to assess the results of the UN Convention on the Law of the Sea tribunal ruling and begin to measure its impact. This report contains papers by 10 of the panelists, providing a wide array of perspectives on the political, legal, military, and environmental outlook for the South China Sea in 2016.
Author: Myron H. Nordquist
Publisher: BRILL
ISBN: 9004323449
Category : Law
Languages : en
Pages : 457
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Book Description
International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters. From the South China Arbitration Award to the Bay of Bengal Case, this text includes important writings on Artic Shipping and Fisheries, the deep seabed, resources and maritime boundary regimes and studies the possibility of a new international agreement regulating the conservation of biological diversity in areas beyond national jurisdiction. Finally, it concludes by considering the challenges and opportunities of whaling in the Antarctic Case, ocean governance issues in Southeast Asia, and the exercise of control over foreign merchant vessels and state liability for wrong assessments. This volume offers much needed contemporary commentary from renowned scholars on rapidly evolving maritime topics.
Author: James Borton
Publisher: Xlibris Corporation
ISBN: 1524584819
Category : Political Science
Languages : en
Pages : 237
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Book Description
The situation in the South China Sea with regard to territorial disputes remains unsettled despite The Hagues Permanent Court of Arbitration unanimous ruling in favor of the Philippines and against Chinas historic rights to the South China Sea. This collection of academic essays examines many interpretations of international law on the legal status of the contested islands and rocks. Whats clear to all is that the failure to uphold international law and norms harms all claimants interests in the contested sea.
Author: Froukje Maria Platjouw
Publisher: Cambridge University Press
ISBN: 1009253735
Category : Law
Languages : en
Pages : 415
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Book Description
Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access.
