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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: 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: 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 with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.
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: 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: S. Jayakumar
Publisher: Edward Elgar Publishing
ISBN: 1788116275
Category : Law
Languages : en
Pages : 335
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Book Description
Bringing together leading experts on the law of the sea, The South China Sea Arbitrationprovides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons
Author: Sopheada Phy
Publisher: GRIN Verlag
ISBN: 364060198X
Category : Political Science
Languages : en
Pages : 29
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Book Description
Research Paper (undergraduate) from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace, language: English, abstract: The Spratly Islands are situated in the South China Sea, one of the largest continental shelves in the world, which is abundant in resources such as oil, natural gas, minerals, and seafood. It is the seaway everyday passed by many ships trading across the region and continent. Conflict in the South China Sea really affects both regional and international stability. Thus, the study of and seeking appropriate solutions for the Spratly Islands conflict are important at least for two reasons-ensuring both regional and international security and peace, and promoting regional cooperation. The incipient and latent conflict root is believed to be originally dated back to the 1930s; however, in this paper, the scope of analysis will be solely limited from 1969 up to present. 1969 was chosen as the starting point for analysis because it is the year that the manifest conflict started to erupt as the oil was first discovered in the Spratly Islands. Spratlys are invaluable resource in terms of not only oil, gas, seafood and natural resources, but also strategic location that all the claimants have been trying to achieve. So far, some efforts of preventing conflict have been tried, but the conflict still exists due to realistic interests of all the claimants, significantly China. Today, all parties have a vested interest in a peaceful resolution of the dispute; however the prospects for resolution seem low, while the potential for conflict remains and can grow.
Author: Zhongguo guo ji fa xue hui
Publisher:
ISBN: 9787119115047
Category :
Languages : zh-CN
Pages :
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Book Description
