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A number of significant events in the law of the sea have occurred since the summer of 1994 when this book was first published by the U.S. Naval War College. Of greatest significance is the entry into force on November 16, 1994, of the United Nations Law of the Sea Convention, with a reformed Part XI on deep seabed mining, that gives every prospect of gaining universal acceptance. In addition, in submitting the Convention and implementing Agreement to the Senate for advice and consent in October 1994, President Clinton forwarded an extensive and authoritative Commentary on those documents. Consequently, the authors were encouraged to prepare a second edition for the wider audience which must deal with the traditional uses provisions of the modern Law of the Sea Convention now in force. A new chapter on marine data collection has been added and documents have been included which will further facilitate the use of this expanded volume as a working tool for the practitioner and student alike.
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
The 4th edition of Excessive Maritime Claims updates material on state practice of the law of the sea since publication of the 3rd edition in 2012 and adds new material on islands and other maritime features.
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
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.