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The Socialist Republic of Vietnam and the Law of the Sea analyzes Vietnam's policies on the law of the sea in relation to the country's overall foreign policy goals and its position at the center of the South China Sea geostrategic region. It examines Vietnam's claims in zones of maritime jurisdiction and its regulation of maritime activities in the context of the 1982 U.N. Convention on the Law of the Sea and against the backdrop of Vietnam's security interests, economic development, and regional leadership goals. The author explores Vietnam's maritime boundary disputes with its Southeast Asian neighbors and China and assesses their impact on regional stability. This is the first comprehensive study to trace the evolution of Vietnamese policy and participation in law of the sea development from the 1958 First U.N. Conference on the Law of the Sea to the present. The book provides the background essential to an understanding of Vietnam's current maritime relations and of the challenge to incorporate Vietnam into a stable regional order. Law of the sea specialists, Southeast Asia area specialists, and those interested in the development of Vietnam's hydrocarbon and fishery resources will find this a particularly valuable resource.
Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.
Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
The last quarter century has witnessed vast changes in the governance of ocean space and resources. The keystone instrument in the new legal order is the 1982 UN Law of the Sea Convention, an agreement comprehensive in its scope that has provided the framework for further innovations in marine policy and ocean law. Accelerated change in the 1990s included the revision and the going-into-force of the 1982 Convention; and the conclusion of new international agreements on biodiversity, on the management of fishery stocks in international waters, and on marine navigation and safety. There has also been renewed impetus for regionalization of marine management and conservation efforts. These and other leading issues facing the global community today are the subjects of essays in this volume. The authors, acknowledged authorities in the field, offer fresh and searching reappraisals of how the 'common heritage' concepts in ocean law have been challenged by the contemporary crises in marine uses and ocean environment and resources. How national governments and international organizations have responded to urgent questions of ocean management is a major focus of these studies, and the book also provides important historical perspective on the doctrinal legacy of earlier ocean law. Emerging legal norms and the principles of law, new procedural mandates, the problems of implementation, and recent institutional developments in the international arena all receive attention in this timely and provocative work.
In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.
The Paracel Islands and South China Sea disputes require better understanding by U.S. policymakers in order to address the regions challenges. To attain that needed understanding, legal aspects of customary and modern laws are explored in this monograph to analyze the differences between competing maritime and territorial claims, and why and how China and Vietnam stake rival claims or maritime legal rights. Throughout, U.S. policies are examined through U.S. conflicted interests in the region. Recommendations for how the United States should engage these issues, a more appropriate task than trying to solve the disputes outright, are then offered.
Describes and analyzes Vietnam1s political, economic, social and national security systems and institutions and the interrelationships of those systems and the ways they are shaped by cultural factors. Also covers people1s origins, dominant beliefs and values, their common interests and issues on which they are divided, the nature and extent of their involvement with national institutions and their attitudes toward each other and toward their social system and political order. 19 maps and photos.
This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.