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Author: Monique Chemillier-Gendreau
Publisher: BRILL
ISBN: 9004479422
Category : Law
Languages : en
Pages : 273
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Book Description
This exceptional volume deals with the hotly contested legal status of the Paracels and the Spratlys, two inhospitable archipelagos located in the South China Sea, sovereignty over which is disputed by several states. The author investigates the contribution which international law can make towards determining the rights of all parties involved. In order to do so she goes back into history to find out at each stage what the actual situation was and what its legal significance was in terms of the legal categories of the time. The originality of this work, compared to others already published on this topic, lies in its analysis of the valuable French archives. Not only these archives, but also existing legal writings have served as a basis for the investigation into the status of the archipelagos. The book sheds new and significant light on this important question.
Author: Monique Chemillier-Gendreau
Publisher: BRILL
ISBN: 9004479422
Category : Law
Languages : en
Pages : 273
Get Book Here
Book Description
This exceptional volume deals with the hotly contested legal status of the Paracels and the Spratlys, two inhospitable archipelagos located in the South China Sea, sovereignty over which is disputed by several states. The author investigates the contribution which international law can make towards determining the rights of all parties involved. In order to do so she goes back into history to find out at each stage what the actual situation was and what its legal significance was in terms of the legal categories of the time. The originality of this work, compared to others already published on this topic, lies in its analysis of the valuable French archives. Not only these archives, but also existing legal writings have served as a basis for the investigation into the status of the archipelagos. The book sheds new and significant light on this important question.
Author: Hãn Nguyên Nguyễn Nhã
Publisher: Routledge
ISBN: 0429840853
Category : Social Science
Languages : en
Pages : 158
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Book Description
The conflict in the South China Sea, especially the sovereignty over Paracel and Spratly Islands, is of international interest and significance. Territorial claims from various countries impact on maritime freedom and result in the exploitation of natural resources in either international waters or other claimant countries’ exclusive economic zones. This book analyses Vietnam’s claim of sovereignty over Paracel and Spratly Islands. Based on a book originally published in Vietnamese, the author offers a historical analysis to examine the sovereignty of the islands from multiple perspectives. Written in English on the topic and based on rigorous analysis of historical, legal and technical evidence, the book makes the case for Vietnam’s sovereignty over Paracel and Spratly Islands. It also provides an investigation of how Vietnam has affirmed its claim of sovereignty over the islands and a discussion of how Vietnam’s claim has been received by the international community, particularly by China. The book touches on a very sensitive, topical issue of international importance with wide-ranging and serious consequences. It will be of interest to academics in the fields of Asian security studies and Southeast Asian history and politics.
Author: Clarence J. Bouchat
Publisher: Department of the Army
ISBN:
Category : History
Languages : en
Pages : 222
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Book Description
The Paracel Islands and South China Sea disputes require better understanding by U.S. policymakers in order to address the regions challenges. To attain that needed understanding, legal aspects of customary and modern laws are explored in this monograph to analyze the differences between competing maritime and territorial claims, and why and how China and Vietnam stake rival claims or maritime legal rights. Throughout, U.S. policies are examined through U.S. conflicted interests in the region. Recommendations for how the United States should engage these issues, a more appropriate task than trying to solve the disputes outright, are then offered.
Author: Rainer Lagoni
Publisher: BRILL
ISBN: 9004150331
Category : Law
Languages : en
Pages : 255
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Book Description
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
Author: Barthelemy Courmont
Publisher: Taylor & Francis
ISBN: 1317177975
Category : History
Languages : en
Pages : 259
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Book Description
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.
Author: Philippines. Ministry of National Defense
Publisher:
ISBN:
Category : Geopolitics
Languages : en
Pages : 44
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Book Description
Author: Bill Hayton
Publisher: Yale University Press
ISBN: 0300189540
Category : History
Languages : en
Pages : 317
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Book Description
China’s rise has upset the global balance of power, and the first place to feel the strain is Beijing’s back yard: the South China Sea. For decades tensions have smoldered in the region, but today the threat of a direct confrontation among superpowers grows ever more likely. This important book is the first to make clear sense of the South Sea disputes. Bill Hayton, a journalist with extensive experience in the region, examines the high stakes involved for rival nations that include Vietnam, India, Taiwan, the Philippines, and China, as well as the United States, Russia, and others. Hayton also lays out the daunting obstacles that stand in the way of peaceful resolution. Through lively stories of individuals who have shaped current conflicts—businessmen, scientists, shippers, archaeologists, soldiers, diplomats, and more—Hayton makes understandable the complex history and contemporary reality of the South China Sea. He underscores its crucial importance as the passageway for half the world’s merchant shipping and one-third of its oil and gas. Whoever controls these waters controls the access between Europe, the Middle East, South Asia, and the Pacific. The author critiques various claims and positions (that China has historic claim to the Sea, for example), overturns conventional wisdoms (such as America’s overblown fears of China’s nationalism and military resurgence), and outlines what the future may hold for this clamorous region of international rivalry.
Author: Clive Schofield
Publisher: BRILL
ISBN: 9004449477
Category : Law
Languages : en
Pages : 132
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Book Description
In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea. Particular reference is made to the arbitration case between China and the Philippines concerning the South China Sea which, as the first detailed international judicial examination and interpretation of the Regime of Islands, has reframing understanding of the definition of islands. Reactions to the Award in the South China Sea case are appraised, confirmations and clarifications provided by the Award are highlighted as well as remaining uncertainties and scope for conflicting interpretation. The high standard for fully entitled island status set by the Tribunal in the South China Sea case is underlined as is scope for flexible application of the approach to island definition adopted by the Tribunal. The potential implications of the Award both within and beyond the South China Sea are explored.
Author: Andrew S. Erickson
Publisher: Naval Institute Press
ISBN: 159114695X
Category : History
Languages : en
Pages : 227
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Book Description
China’s maritime “gray zone” operations represent a new challenge for the U.S. Navy and the sea services of our allies, partners, and friends in maritime East Asia. There, Beijing is waging what some Chinese sources term a “war without gunsmoke.” Already winning in important areas, China could gain far more if left unchecked. One of China’s greatest advantages thus far has been foreign difficulty in understanding the situation, let alone determining an effective response. With contributions from some of the world’s leading subject matter experts, this volume aims to close that gap by explaining the forces and doctrines driving China’s paranaval expansion, operating in the “gray zone” between war and peace. The book covers China’s major maritime forces beyond core gray-hulled Navy units, with particular focus on China’s second and third sea forces: the “white-hulled” Coast Guard and “blue-hulled” Maritime Militia. Increasingly, these paranaval forces, and the “gray zone” in which they typically operate, are on the frontlines of China’s seaward expansion.
Author: Marwyn Samuels
Publisher: Routledge
ISBN: 1136575537
Category : Philosophy
Languages : en
Pages : 220
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Book Description
First published in 1982. Wide-ranging and fully documented, this book is the first detailed study of the origins, contexts and consequences of the long-standing dispute between China, Taiwan, Vietnam and the Philippines over the Paracel and Spratly Archipelagos in the South China Sea - one of the world's most strategically important inter-ocean basins and China's southern maritime frontier. Samuels' analysis: * Highlights the impact of the shifting balance of power in Asia and the growing competition for oceanic resources * Examines the implications of the dispute in terms of the historical and modern role of china as a maritime power in Asia.
