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The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.
Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.
Xi Jinping has made his ambitions for the People's Liberation Army (PLA) perfectly clear, there is no mystery what he wants, first, that China should become a "great maritime power" and secondly, that the PLA "become a world-class armed force by 2050." He wants this latter objective to be largely completed by 2035. China as a Twenty-First-Century Naval Power focuses on China's navy and how it is being transformed to satisfy the "world class" goal. Beginning with an exploration of why China is seeking to become such a major maritime power, author Michael McDevitt first explores the strategic rationale behind Xi's two objectives. China's reliance on foreign trade and overseas interests such as China's Belt and Road strategy. In turn this has created concerns within the senior levels of China's military about the vulnerability of its overseas interests and maritime life-lines. is a major theme. McDevitt dubs this China's "sea lane anxiety" and traces how this has required the PLA Navy to evolve from a "near seas"-focused navy to one that has global reach; a "blue water navy." He details how quickly this transformation has taken place, thanks to a patient step-by-step approach and abundant funding. The more than 10 years of anti-piracy patrols in the far reaches of the Indian Ocean has acted as a learning curve accelerator to "blue water" status. McDevitt then explores the PLA Navy's role in the South China Sea and the Indian Ocean. He provides a detailed assessment of what the PLAN will be expected to do if Beijing chooses to attack Taiwan potentially triggering combat with America's "first responders" in East Asia, especially the U.S. Seventh Fleet and U.S. Fifth Air Force. He conducts a close exploration of how the PLA Navy fits into China's campaign plan aimed at keeping reinforcing U.S. forces at arm's length (what the Pentagon calls anti-access and area denial [A2/AD]) if war has broken out over Taiwan, or because of attacks on U.S. allies and friends that live in the shadow of China. McDevitt does not know how Xi defines "world class" but the evidence from the past 15 years of building a blue water force has already made the PLA Navy the second largest globally capable navy in the world. This book concludes with a forecast of what Xi's vision of a "world-class navy" might look like in the next fifteen years when the 2035 deadline is reached.
'This book is recommended for anyone wanting to quickly get up to speed with oceans governance, bearing in mind at this stage it is an immature and quickly developing field. The strength of the book is that it is grounded in real-world examples from four case study countries and in this context at the very least exposes the reader to emergent oceans governance and policy issues. . . an excellent starting point for further analysis of oceans governance and sets up a research agenda for the future.' - Murray Patterson, Journal of Ecological Economics
As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.
The South China Sea has long been a source of conflict and represents a core contemporary security issue in the Indo-Asia-Pacific region. This book offers an empirical analysis of the global ocean's most contested maritime territory, the South China Sea and its agents of contest.
In recent decades, East Asia has become increasingly interconnected through trade, investment, migration, and popular culture at regional and global levels. At the same time, the region has seen renewed national assertiveness and nationalist impulses. The book interrogates these seemingly contradictory developments as they bear on the transformations of the nation and citizenship in East Asia. Conventionally, studies on East Asia juxtapose these developments, focusing on the much-exercised dichotomy of the national and transnational. In contrast, this book suggests a different orientation. First, it moves beyond the simplistic view that demarcates the transnational as "the West". Second, it does not view the national and transnational as distinct or contradictory spheres of influence and analysis, but rather, focuses on the interactions between the two, with a view on how these interactions work to transform the ideals and practices of the "good nation", "good society", and "good citizen". The chapters cover a broad range of empirical research--education, science, immigration, multicultural policy, human rights, gender and youth orientations, art and food flows, politics of values and regional identity--which highlight the ways in which the nation is reconfigured, and the relationship between the citizen and (national) collective is redefined, in relation to transnational dynamics and frameworks. Transnational Trajectories in East Asia provides a new perspective on and original analysis of transnational processes, bringing a fresh understanding to developments of the nation and citizenship in the region. It will be of great interest to students and scholars of transnationalization and globalization; comparative citizenship, migration, and multiculturalism; and Asian politics, society, and regionalism.
This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.
The Belt and Road Initiative (BRI) put forward by China in 2013 includes the land-based ‘Silk Road Economic Belt’ and the ocean-based ‘21st-Century Maritime Silk Road’ (MSR) which focuses on the promotion of cooperation between States along the Belt and the Road. As the UN Convention on the Law of the Sea (LOSC) has established the global maritime order, all ocean-related activities generating from the BRI projects along the MSR are in principle subject to the LOSC governance. The Belt and Road Initiative and the Law of the Sea discusses the use of oceans in the context of BRI covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea. It also examines the BRI challenges and difficulties in the maritime domain.
For a country of its size, Taiwan has a tremendous influence on world affairs and U.S. policy. The U.S.-Taiwan-China Relationship in International Law and Policy describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. In this book, Lung-chu Chen gives particular attention to Taiwan's status under international law, and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan. This book endorses the central purpose of the Taiwan Relations Act--achieving a peaceful resolution to the Taiwan question--while offering policy alternatives that will empower Taiwan to participate more actively in the international arena. This book follows in the tradition of the New Haven School of international law. As such, it defines the common interests of the world community, which include demands for human dignity and security and the protection of human rights in accordance with bedrock norms such as the right to self-determination and the peaceful resolution of conflict. Chen proposes that in accordance with international law, historical trends, and contemporary political conditions, the people of Taiwan should ultimately determine a path to normalized statehood through a plebiscite under the supervision of the international community.