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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.
This remarkable and timely ethnography explores how fishing communities living on the fringe of the South China Sea in central Vietnam interact with state and religious authorities as well as their farmer neighbors—even while handling new geopolitical challenges. The focus is mainly on marginal people and their navigation between competing forces over the decades of massive change since their incorporation into the Socialist Republic of Vietnam in 1975. The sea, however, plays a major role in this study as does the location: a once-peripheral area now at the center of a global struggle for sovereignty, influence and control in the South China Sea. The coastal fishing communities at the heart of this study are peripheral not so much because of geographical remoteness as their presumed social “awkwardness”; they only partially fit into the social imaginary of Vietnam’s territory and nation. The state thus tries to incorporate them through various cultural agendas while religious reformers seek to purify their religious practices. Yet, recently, these communities have also come to be seen as guardians of an ancient fishing culture, important in Vietnam’s resistance to Chinese claims over the South China Sea. The fishers have responded to their situation with a blend of conformity, co-option and subtle indiscipline. A complex, triadic relationship is at play here. Within it are various shifting binaries—for example, secular/religious, fishers/farmers, local ritual/Buddhist doctrine, and so forth—and different protagonists (state officials, religious figures, fishermen and women) who construct, enact, and deconstruct these relations in shifting alliances and changing contexts. Fishers, Monks and Cadres is a significant new work. Its vivid portrait of local beliefs and practices makes a powerful argument for looking beyond monolithic religious traditions. Its triadic analysis and subtle use of binaries offer startlingly fresh ways to view Vietnamese society and local political power. The book demonstrates Vietnam is more than urban and agrarian society in the Red River Basin and Mekong Delta. Finally, the author builds on intensive, long-term research to portray a region at the forefront of geopolitical struggle, offering insights that will be fascinating and revealing to a much broader readership.
On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.
The Encyclopedia of Ocean Law and Policy in Asia-Pacific provides a detailed snapshot of the contemporary and historic ocean law and policy of numerous states across the region, from the perspective of regional authors and utilizing a consistent subject outline to promote comparative research.
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.
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.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
Studies of the escalating tensions and competing claims in the South China Sea overwhelmingly focus on China and its increasingly assertive approach, while the position of the other claimants is overlooked. This book focuses on the attitude of Vietnam towards the South China Sea dispute. It examines the position from a historical perspective, shows how Vietnam’s position is affected by its wish to maintain good relations with China on a range of issues, and outlines how Vietnam has occasionally made overtures to both the United States and Japan in order to bolster its position, and considered the possibility, so far resisted, of taking China to formal arbitration under the auspices of the United Nations Convention on the Law of the Sea. The book concludes by assessing the future prospects for Vietnam’s position in the dispute.