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Unresolved Border, Land and Maritime Disputes in Southeast Asia, edited by Alfred Gerstl and Mária Strašáková, sheds light on various unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region. The authors, academics from Europe and East Asia, particularly address the territorial disputes in the South China Sea and those between Vietnam and Cambodia and Thailand and Cambodia. They apply International Relations theories in a wider regional and comparative perspective. The empirical analyses are embedded in a concise theoretical discussion of the principles of sovereignty, territorial integrity and borders. Furthermore, the book discusses the role of the Association of Southeast Asian Nations (ASEAN) and other multi-track mechanisms in border conflict mediation. Contributors are: Petra Andělová, Alica Kizeková, Filip Kraus, Josef Falko Loher, Padraig Lysaght, Jörg Thiele, Richard Turcsányi, Truong-Minh Vu and Zdeněk Kříž.
Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future.
Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.
China’s territorial disputes have been a matter of debate since the 1950s. While China has amicably resolved boundary disputes with 12 out of 14 neighbouring countries, it is yet to resolve its boundary disputes with India and Bhutan as also its two martime disputes in the South China Sea and East China Sea. Given that the prediction for the settlement of China’s remaining disputes is largely doubtful, this book investigates the reasons for differences in Chinese behaviour with India. China’s boundary dispute with India is a subject of deliberation and it remains to be seen whether China plans to devise its ‘boundary diplomacy’ with a country as huge and strong as India.
Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.
How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.
In The Dokdo/Takeshima Dispute, Paul Huth, Sunwoong Kim, and Terence Roehrig have assembled top scholars from Japan, South Korea, and the United States to provide a balanced and comprehensive look from multiple perspectives of this long-running island dispute.
A timely account of the four most troubled hotspots in the world’s most combustible region Asia is at a dangerous moment. China is rising fast, and its regional ambitions are growing. Reckless North Korean dictator Kim Jong-un may be assembling more nuclear weapons, despite diplomatic efforts to eradicate his arsenal. Japan is building up its military, throwing off constitutional constraints imposed after World War II. The United States, for so long a stabilising presence in Asia, is behaving erratically: Donald Trump is the first US president since the 1970s to break diplomatic protocol and speak with Taiwan, and the first to threaten war with North Korea if denuclearisation does not occur. The possibility of global catastrophe looms ever closer. In this revelatory analysis, geopolitical expert Brendan Taylor examines the four Asian flashpoints most likely to erupt in sudden and violent conflict: the Korean Peninsula, the East China Sea, the South China Sea and Taiwan. He sketches how clashes could play out in these global hotspots and argues that crisis can only be averted by understanding the complex relations between them. Drawing on history, in-depth reports and his intimate observations of the region, Taylor asks what the world’s major powers can do to avoid an eruption of war – and shows how Asia could change this otherwise disastrous trajectory.
In the past decade, tensions in Asia have risen as Beijing has become more assertive in maritime disputes with its neighbors and the United States. Although taking place below the threshold of direct military confrontation, China’s assertiveness frequently involves coercive elements that put at risk existing rules and norms; physical control of disputed waters and territory; and the credibility of U.S. security commitments. Regional leaders have expressed increasing alarm that such “gray zone” coercion threatens to destabilize the region by increasing the risk of conflict and undermining the rules-based order. Yet, the United States and its allies and partners have struggled to develop effective counters to China’s maritime coercion. This study reviews deterrence literature and nine case studies of coercion to develop recommendations for how the United States and its allies and partners could counter gray zone activity.
This Handbook examines the theory and practice of international relations in Asia. Building on an investigation of how various theoretical approaches to international relations can elucidate Asia's empirical realities, authors examine the foreign relations and policies of major countries or sets of countries.