Grounded in extensive empirical research, Danger, Development and Legitimacy in East Asian Maritime Politics addresses the major issues of geopolitics in the region that have been and will continue to shape the international politics of the Asia-Pacific for years to come. Covering the nation-states of China, Japan and South Korea, it includes an examination of the key island disputes, as well as analysis of the North Korea-South Korea clashes in the Yellow Sea, controversies in Japan's relations with both Koreas and the so-called 'history disputes', including recognition of World War II atrocities across the region. In doing so, this book explores a range of themes from the ecological environment to the globalized nature of shipping and therein links the East Asian maritime sphere directly to the dynamics and developments in the domestic politics of each country. Thus, it serves to demonstrate how several controversial debates in the international politics of the Asia-Pacific are ultimately and inextricably intertwined. A timely contribution that furthers our understanding of contemporary politics of the Asia-Pacific, this book will be of great interest to students and scholars of Asian politics, international relations and the Asia-Pacific region in general.

This book provides a unique in-depth comparative and evaluative analysis based upon primary sources. Therefore, it does not only provide a more complete understanding of the subject compared to other publications but, because it provides a full perspective, can also serve as a basis for further research. The interest in national space legislation, and the importance thereof to regulating space activities conducted by private entities, gives a clear incentive to conduct a comparative analysis of the national space legislation of various states. The purpose of this report is to provide such a comparative analysis that will detail the similarities and differences between the national space laws of selected states with a focus on European comprehensive national space legislation. The states discussed are: Sweden, the United Kingdom, Australia, China, Belgium, the Netherlands, France, Austria, Indonesia, Denmark, New Zealand and Luxembourg. This report is intended to assist the efforts of states that are seeking to enact or revise national space legislation not only by presenting the approaches taken by other states, but also by presenting, as far as possible, the rationale behind their approaches. The readership of this book consists of academics and professionals in space law and can further assist policymakers wishing to revise or enact national space legislation.

Comprehensive coverage of Shipping Law, covering both wet and dry shipping and taking a commercial and practical perspective on the issues covered. The book's wide-ranging overview of the subject allows students to use it on a variety of LLM-level courses such as Maritime and Shipping Law, Admiralty Law, Law of the Sea, Carriage of Good by Sea and International Trade Law. Clear and student-friendly content. Students new to Shipping Law, from non-English speaking jurisdictions and from non-law backgrounds will find the accessible narrative particularly helpful.

Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralisation and defragmentation of air law, and for international harmonisation of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world's key air transport markets and air law academic centres. By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.

This book offers an original academic study of the Rotterdam Rules. It analyses the salient articles that will have an impact on international sale contracts governed by English law, including the most popularly used international law instruments, terms and standard sale contracts. Looking beyond the legal relationship of carrier-shipper and carrier-receiver, this book examines the important articles of the Rotterdam Rules that affect the ability of the trading protagonists to perform their sale contract.

This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU's efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.

The South China Sea Disputes: Historical, Geopolitical and Legal Studies covers various issues regarding the currently controversial theme of the South China Sea (SCS) disputes. It contains insights by scholars mostly from Republic of China (Taiwan), along with ones from Peoples' Republic of China (mainland China), the Philippines, Australia, and the United States (US).The book is divided into three sections, wherein the historical analysis section illustrates certain important but currently neglected treaties for SCS, e.g., the San Francisco Peace Treaty, the Taipei Treaty, and the Cairo Declaration. In particular, the Nationalist government's efforts to recover the Chinese sovereignty in the islands of SCS after the end of World War II are covered. Archival research found in the national archives of the Taiwan, the United Kingdom, the US, and Japan, revealing materials with potential for enhancing territorial and sovereignty claims is covered. In addition, the US State Department historical materials on the SCS disputes are also shown.The geopolitical analysis section in the book specifically addresses the state practice in SCS by Taiwan. It also reveals Taiwan's evolving attitudes from thoughtful planning to perfunctory policy thereof. The circumstances of US-China rivalry in the SCS are also discussed.The legal analysis section includes an explanation of the arbitral award of the SCS, wherein it argues that this arbitration is a non-justiciable dispute resolution. This book serves as a good reference for readers interested in South China Sea disputes.

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.

This book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields - environmental justice, international environmental law and international maritime law - this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization's role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and international environmental law.

Grounded in extensive empirical research, Danger, Development and Legitimacy in East Asian Maritime Politics addresses the major issues of geopolitics in the region that have been and will continue to shape the international politics of the Asia-Pacific for years to come. Covering the nation-states of China, Japan and South Korea, it includes an examination of the key island disputes, as well as analysis of the North Korea-South Korea clashes in the Yellow Sea, controversies in Japan's relations with both Koreas and the so-called 'history disputes', including recognition of World War II atrocities across the region. In doing so, this book explores a range of themes from the ecological environment to the globalized nature of shipping and therein links the East Asian maritime sphere directly to the dynamics and developments in the domestic politics of each country. Thus, it serves to demonstrate how several controversial debates in the international politics of the Asia-Pacific are ultimately and inextricably intertwined. A timely contribution that furthers our understanding of contemporary politics of the Asia-Pacific, this book will be of great interest to students and scholars of Asian politics, international relations and the Asia-Pacific region in general.

The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.

Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.

Space was at the center of America's imagination in the 1960s. President John F. Kennedy's visionary statement captured the mood of the day: "We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard." The Apollo mission's success in July 1969 made almost anything seem possible, but the Cold War made space flight the province of governmental agencies in the United States. When the Apollo program ended in 1972, space lost its hold on the public interest, as the great achievements wound down. Entrepreneurs are beginning to pick up the slack looking for safer, more reliable, and more cost effective ways of exploring space. Entrepreneurial activity may make create a renaissance in human spaceflight. The private sector can energize the quest for space exploration and shape the race for the final frontier. Space entrepreneurs and private sector firms are making significant innovations in space travel. They have plans for future tourism in space and safer shuttles. Solomon details current US and international laws dealing with space use, settlement, and exploration, and offers policy recommendations to facilitate privatization. As private enterprise takes hold, it threatens to change the space landscape forever. Individuals are designing spacecraft, start-up companies are testing prototypes, and reservations are being taken for suborbital space flights. With for-profit enterprises carving out a new realm, it is entirely possible that space will one day be a sea of hotels and/or a repository of resources for big business. It is important that regulations are in place for this eventuality. These new developments have great importance, huge implications, and urgency for everyone.

An accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage.

The recent uncertainties over the South China Sea have become one major issue in the relations between China and Southeast Asian countries. The South China Sea issue, however, is countered by the deepening economic integration between China and Southeast Asia, which is likely to continue should China's proposal for a 21st Century Maritime Silk Road is agreed and implemented. Yet the success or not of this proposal depends also on the interactions in the political-security sphere between both sides.Southeast Asia and China: A Contest in Mutual Socialization brings together experts from different disciplines to illuminate on the complex political, economic and normative interactions between China and the Southeast Asian countries. This book analyses key issues including the national identity discourse of China as a Great Power, China's civil-military interactions in its strategy in the South China Sea dispute, the different kinds of political and strategic strategies used by Southeast Asian countries in countering China, the past patterns and present trajectories of economic ties between China and Southeast Asian countries, as well as the strategic implications of China's 21st Century Maritime Silk Road initiative.

Space policy is at the cutting edge of current EU policy developments and is a fascinating object of study, involving multiple and diverse actors. It is also an original and contemporary lens for studying European policy-making. This book explores advances in European space policy and their significance for European integration. Using a 'framing' methodology, it addresses central questions in European studies in order to form an interdisciplinary bridge between current research in space policy and contemporary European political studies. It assesses the interests of EU institutions in space and how these institutions perceive space policy. Furthermore, it demonstrates that space is a cross-cutting policy domain affecting a diverse range of EU policy fields, such as security, transport and migration, and underpinning the 21st century European and global economy. In doing so, this volume firmly locates space policy in the field of European Studies. This innovative volume will be of key interest to students and scholars of a range of policy areas including common foreign and security policy, technology policy, transport policy, internal market policies, environmental policy, development aid and disaster-risk management, as well as the EU institutions.

This book examines the concept of nationality of means of transportation in terms of jurisdiction in international law. It reassesses the definition of nationality and explores how it is conferred. The book first places nationality in the broader perspective of jurisdiction in international law, and examines the historical development and necessity of the nationality of means of transportation. It goes on to investigate whether and under which conditions international organizations may confer a 'nationality' on means of transportation, examining the law of the sea conventions and air and space treaties. The book finally explores several questions relating to international registration of means of transportation, building a regime of international registration. Vincent Cogliati-Bantz introduces a necessary distinction between transport internationally registered and transport registered in a State but fulfilling a mission for an international organization. As a work that proposes the ability for international organisations to access international spaces without reliance on State-registered means of transport, this book will be of great use and interest to scholars and students of public international law, international organisations, and maritime, space, and aviation law.

In 2006, British forces entered the Helmand Province of Afghanistan in what would become one of the defining military campaigns of the decade. At great cost in blood and treasure, the UK waged a protracted counter-insurgency against a resurgent Taliban. But how was the decision taken to commit Britain to such a difficult and drawn out campaign? The Afghan Papers is the result of private interviews with and frank contributions by some of the most important actors in the fateful decision. Former generals, politicians and civil servants contribute to an original RUSI analysis that provides a startling insight into the decision to commit the UK to a war - a decision wracked by conflict, incoherence and confusion.

Now in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: The impact of the European Union (Withdrawal Agreement) Act 2020 which amends the European Union (Withdrawal) Act 2018. Over one hundred new cases from the English courts, the Court of Justice of the European Union and the International Tribunal for the Law of the Sea. Changes to the Merchant Shipping (Registration of Ships) Regulations 1993, including the Merchant Shipping (Registration of Ships) (Amendment) (EU exit) Regulations 2019. Discussion of the Incoterms 2020 which are available for incorporation into sale contracts from 1 January 2020. Updates on litigation and amendments to the Admiralty Civil Procedure Rules. This book is a comprehensive reference source for students, academics and legal practitioners worldwide, especially those new to maritime law or a particular field therein.

The core structure of the regulatory regime for international civil aviation (the 'Chicago System') is inter-national. The features of the Chicago System were designed in an era when the world's airlines were State-owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective 'legal' and policy actions taken at national level (United Arab Emirates, Qatar and People's Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter-national world of yesterday, evolves into global governance of aviation, which is more suited for today's global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.

The rapid development of the Internet has led to a growing potential for electronic trade in digital content like movies, music and software. As a result, there is a need for a global trade framework applicable to such digitally-delivered content products. Yet, digital trade is currently not explicitly recognised by the trade rules and obligations of the World Trade Organization (WTO). This study provides a complete analysis of the related challenges in the ongoing WTO Doha Negotiations to remedy this state of affairs. It elaborates on the required measures in the multilateral negotiations to achieve market access for digital content and examines the obstacles that lie on the path to reach consensus between the United States and the European Communities. Negotiation parameters analysed include the current US and EC regulatory approach to audiovisual and information society services and the evolution of their applicable trade policy jurisdiction. Finally, this examination takes stock of how the Doha Negotiations and parallel US-driven preferential trade agreement have so far contributed to securing free trade in digital content. As new technologies are an increasingly prominent source of trade dispute, this book is an assessment of how WTO Members can maintain the relevance of the multilateral trade framework in a changing technological and economic environment. "This important work highlights the missed opportunity in on-going global trade talks -- the failure to pursue a free trade framework for digitally delivered content. If not corrected, one can readily imagine the rise of discriminatory barriers to digital trade of the type that have dogged global trade flows for years, and a failed recognition by the WTO of the reality of modern commerce. The WTO should, as the author argues, put a "spotlight" on electronic trade, and move forward in a comprehensive fashion." Ambassador Charlene Barshefsky, Former United States Trade Representative "Wunsch-Vincent provides a comprehensive analysis of the challenges to establish a liberal trade regime for trade in digital products. This book will become an important point-of-reference for anybody interested in e-commerce and the WTO." Carlos A. Primo Braga, Senior Adviser, International Trade Department, The World Bank

The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.

Interest in autonomous ships has grown exponentially over the past few years. Whereas a few years ago, the prospect of unmanned and autonomous vessels sailing on the seas was considered unrealistic, the debate now centers on when and in what format and pace the development will take place. Law has a key role to play in this development and legal obstacles are often singled out as principal barriers to the rapid introduction of new technologies in shipping. Within a few years, autonomous ships have turned from a non-issue to one of the main regulatory topics being addressed by the International Maritime Organization. However, the regulatory discussion is still in its infancy, and while many new questions have been raised, few answers have been provided to them to date. Increased automation of tasks that have traditionally been undertaken by ships' crews raises interesting legal questions across the whole spectrum of maritime law. The first of its kind, this book explores the issue of autonomous ships from a wide range of legal perspectives, including both private law and public law at international and national level, making available cutting-edge research which will be of significant interest to researchers in maritime law.

Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.