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The South China Sea (SCS) has emerged as a theatre of political, economic, and security concerns not only for the countries in the region but also for the world at large. Contrary to conventional wisdom, the SCS issue is not about contestation over territory or control over resources alone. With military facilities including airstrips and artificial islands or structures being built in the area, concerns about freedom of navigation and the right to innocent passage have also become an overwhelming security issue and made the SCS region a flashpoint which, according to many assessments, can lead to confrontations including those involving conventional military means. Disruption of maritime passage could also hamper trade and commerce with very negative impacts on the economic development of the region and other countries. It is now being held that China could also be using the SCS disputes as part of a consorted effort to deflect geo-political pressures on account of the COVID-19 pandemic-related cover-ups and misinformation.This book explores the historical and strategic context of the South China Sea disputes and makes an assessment of the implications of the same for freedom of navigation and other regimes at sea.
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 South China Sea (SCS) has emerged as a theatre of political, economic, and security concerns not only for the countries in the region but also for the world at large. Contrary to conventional wisdom, the SCS issue is not about contestation over territory or control over resources alone. With military facilities including airstrips and artificial islands or structures being built in the area, concerns about freedom of navigation and the right to innocent passage have also become an overwhelming security issue and made the SCS region a flashpoint which, according to many assessments, can lead to confrontations including those involving conventional military means. Disruption of maritime passage could also hamper trade and commerce with very negative impacts on the economic development of the region and other countries. It is now being held that China could also be using the SCS disputes as part of a consorted effort to deflect geo-political pressures on account of the COVID-19 pandemic-related cover-ups and misinformation. This book explores the historical and strategic context of the South China Sea disputes and makes an assessment of the implications of the same for freedom of navigation and other regimes at sea"--
The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.
This volume brings together international experts to provide fresh perspectives on geopolitical concerns in the South China Sea. The book considers the interests and security strategies of each of the nations with a claim to ownership and jurisdiction in the Sea. Examining contexts including the region’s natural resources and China’s behaviour, the book also assesses the motivations and approaches of other states in Asia and further afield. This is an accessible, even-handed and comprehensive examination of current and future rivalries and challenges in one of the most strategically important and militarized maritime regions of the world.
This book examines the South China Sea territorial disputes from the perspective of international order. The authors argue that both China and the US are attempting to impose their respective preferred orders to the region and that the observed disputes are due to the clash of two competing order-building projects. Ordering the maritime space is essential for these two countries to validate their national identities and to achieve ontological security. Because both are ontological security-seeking states, this imperative gives them little room for striking a grand bargain between them. The book focuses on how China and the US engage in practices and discourses that build, contest, and legitimise the two major ordering projects they promote in the region. It concludes that China must act in its legitimation strategy in accordance with contemporary publicly accepted norms and rules to create a legitimate maritime order, while the US should support ASEAN in devising a multilateral resolution of the disputes.
The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.
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.