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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
'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.
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.
The South China Sea Disputes: Flashpoints, Turning Points and Trajectories focuses on the currently much-debated theme of the South China Sea disputes — one of the hottest international disputes of the 21st century which can easily turn from a brewing flashpoint into a regional conflict with global repercussions. Through a compilation of commentaries published by the S. Rajaratnam School of International Studies from 2012 to much of 2016, the book attempts to reflect the evolution of the disputes in recent years through what can be seen as turning points and trajectories in the diplomatic tensions. The book is divided into four sections, taking off from a key diplomatic or related incident/development which can be seen as a turning point for each, with the concluding section looking at what lies ahead for Southeast Asia and the larger Asia-Pacific region, amidst the uncertainties triggered by the South China Sea imbroglio.Among the contributors: Arif Havas Oegroseno, BA Hamzah, Barry Desker, Bill Hayton, David Rosenberg, Donald K. Emmerson, Ellen Frost, Hasjim Djalal, Ian Townsend-Gault, Joseph CY Liow, Kwa Chong Guan, Li Mingjiang, Li Jian Wei, Li Dexia, Marvin Ott, Mushahid Ali, Muthiah Alagappa, Nguyen Hung Son, Nguyen Thi Lan Anh, Phoak Kung, Ralf Emmers, Rene L. Pattiradjawane, Raul (Pete) Pedrozo, Richard Javad Heydarian, Robert C. Beckman, Shashi Jayakumar, Victor Savage, Yang Razali Kassim, Zha Daojiong.
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
The South China Sea has long been regarded as one of the most complex and challenging ocean-related maritime disputes in East Asia. Recently it has become the locus of disputes that have the potential of escalating into serious international conflicts. Historical mistrust, enduring territorial disputes, and competing maritime claims have combined to weaken an at least partially successful regional security structure. Issues of concern include territorial sovereignty; disputed claims to islands, rocks, and reefs; jurisdiction over territorial waters, exclusive economic zones, and the seabed; regional and international rights to use the seas for military purposes; maritime security; rapid economic development; and environmental degradation. The fear is that increasing competition for energy and other resources will exacerbate conflicts and further fuel nationalism and sovereignty issues in the region. The SCS has an integrated ecosystem and is one of the richest seas in the world in terms of marine flora and fauna: coral reefs, mangroves, sea-grass beds, fish, and plants. National economic security can be easily affected by conflicts occurring in major international trade routes like the SCS, or how such an unclear situation might even give rise to environmental challenges in the future. The book creates an understanding as to why this region is important not only to the claimants but to global powers like the United States and India. The book examines current and potential conflicts in the South China Sea, and also evaluates how conflicts have been “managed” to date and suggests as to how they might be better managed in the future. This book concludes with recommendations for improving the situation in the region by ensuring a strong economic relationships, using high-resolution observation satellites, and undertaking joint development, and resource exploration etc.
This book should be helpful to decision-makers, negotiators, and academics desirous of a peaceful solution to these disputes.
The South China Sea is a major strategic waterway for trade and oil shipments to Japan, Korea as well as southern China. It has been the focus of a maritime dispute which has continued now for over six decades, with competing claims from China, Vietnam, the Philippines, Indonesia and Brunei. Recently China has become more assertive in pressing its claims – harassing Vietnamese fishing vessels and seizing reefs in the Philippine claim zone. China has insisted that it has "indisputable sovereignty" over the area and has threatened to enforce its claim. All of this is unsettling and draws in the United States which is concerned about freedom of navigation in the area. The US has been supporting the Philippines and has been developing security ties with Vietnam as a check upon China. This book examines the conflict potential of the current dispute, it discusses how the main claimants and the United States view the issue, and assesses the prospects for a resolution of the problem.
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.
The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.