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Author: S. Jayakumar
Publisher: Edward Elgar Publishing
ISBN: 178347727X
Category : Law
Languages : en
Pages : 296
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Book Description
South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual
Author: S. Jayakumar
Publisher: Edward Elgar Publishing
ISBN: 178347727X
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual
Author: Dr Nong Hong
Publisher: Ashgate Publishing, Ltd.
ISBN: 147245295X
Category : Political Science
Languages : en
Pages : 369
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Book Description
UN Convention on the Law of the Sea and the South China Sea covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.
Author: Nong Hong
Publisher: Routledge
ISBN: 0415505275
Category : Law
Languages : en
Pages : 282
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Book Description
This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.
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: 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: Dr Yann-huei Song
Publisher: Ashgate Publishing, Ltd.
ISBN: 147240159X
Category : Law
Languages : en
Pages : 329
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Book Description
Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.
Author: Lingqun Li
Publisher: Routledge
ISBN: 9780367888985
Category : China
Languages : en
Pages : 254
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Book Description
This book provides an explanation of Chinese policy towards the South China Sea, and argues that this has been sculpted by the changing dynamics of the law of the sea in conjunction with regional geopolitical flux. The past few decades have witnessed a bifurcated trend in China's management of territorial disputes. Over the years, while China gradually calmed and settled most land-border disputes with its neighbors, disputes on the ocean frontier continued to simmer in a seething cauldron. China's Policy towards the South China Sea attributes the distinctive path of China's approach to maritime disputes to a unique factor - the law of the sea (LOS) as the "rules of the road" in the ocean. By deconstructing the concept of "sovereignty" and treating the LOS as an evolving regime, the book examines how the changing dynamics of the LOS regime have complicated and reshaped the nature and content of sovereign disputes in the ocean regime as well as the options of settlement. Applying the findings to the South China Sea case, the author traces the learning curve on which China has embarked to comprehend the complexity of the dispute accordingly and finds that it is the dynamic interaction of the law of the sea regime and the geopolitical conditions that has driven the evolution of China's South China Sea policy. This book will be of great interest to students of Chinese and Asian politics, international law, international relations and security studies.
Author: Dai Tamada
Publisher: Springer Nature
ISBN: 981336954X
Category : Law
Languages : en
Pages : 259
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Book Description
This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.
Author: Robert C. Beckman
Publisher: Edward Elgar Publishing
ISBN: 1781955948
Category : Law
Languages : en
Pages : 372
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Book Description
'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea. The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development. Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.
Author: Mark J. Valencia
Publisher: University of Hawaii Press
ISBN: 9780824818814
Category : Political Science
Languages : en
Pages : 292
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Book Description
The South China Sea disputes continue to confuse and confound policymakers. All the countries bordering directly on this sea - China, Vietnam, Taiwan, the Philippines, Malaysia, and Brunei - have claimed some or all of the tiny, but strategically located, Spratly Islets and some or all of the maritime space and its resources. All of these claims have serious weaknesses under the principles of international law that govern these issues. This book offers several possible regional interim solutions to the South China Sea disputes. All of the national claims to both islands and ocean space in the region have weaknesses. An interim solution is urgently needed because the status quo is dangerous and unstable, because of unilateral actions by the claimants and continuing opportunities for involvement by outside powers. Division or allocation of the features and ocean space among the competing claimants seem unfeasible because of their sharp disagreements over the boundaries of the area in dispute as well as what would constitute an appropriate equitable division. The authors survey the principles that appear to guide the nations of the South China Sea region in their regional relations, and they identify the appropriate objectives of a regional resource authority. They also identify the political realities of the region, which serve as constraints on the design of a regime. The authors propose the creation of a regional multilateral resource management body as a solution to reduce the tension currently rife in the region. The options presented serve as illustrations designed to stimulate constructive discussion on a comprehensive multilateral interim solution to these difficult and dangerous disputes. Sharing the Resources of the South China Sea will be of interest to international decision-makers, negotiators, and academics desirous of a peaceful solution to these disputes.
