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History and international disputes on Paracel and Spratly islands are integral parts of Vietnam's territory.
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.
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.
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).
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.
This remarkable collection commemorates the 70th anniversary of the 1951 San Francisco Peace Conference by revisiting the important legacies of both the Peace Treaty and the US-Japan Security Treaty have had on the peace and stability of the Asia-Pacific. Drawing on multiple perspectives, the volume conveys the hopes and fears that the authors have for the domestic and international politics of the region. In a post Trumpian world marked by the US-China tensions amidst a raging pandemic, the region’s continued prosperity looks exceedingly grim. Would the arrangements made in 1951 continue to have relevance for an Indo-Pacific region beset by great power rivalry and potential conflict fuelled by contending nationalisms, clashing interests and territorial disputes? Through a rigorous debate based on the latest empirical developments, the volume explores various ways where by the spirit and legacies of San Francisco arrangements can be meaningfully preserved and enhanced. In order for the region stronger and more prosperous in the post-pandemic world, the countries have to come together to enhance the existing security architecture to contain great power rivalry and ensure that a regional order capable of addressing problems of the 21st century eventually evolves.