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UNCLOS and Ocean Dispute Settlement - Law and Politics in the South China Sea (Paperback)
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UNCLOS and Ocean Dispute Settlement - Law and Politics in the South China Sea (Paperback)
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The United Nations Convention on the Law of the Sea (UNCLOS) offers
a legal framework for the sustainable development of the oceans and
their natural resources. However, recently there have been calls to
amend the Convention due to some ambiguous provisions which are
unable to address a variety of contemporary maritime issues. This
book evaluates the applicability and effectiveness of UNCLOS as a
settlement mechanism for addressing ocean disputes. The book's
central focus is on the South China Sea (SCS) dispute, one of the
most complex and challenging ocean-related conflicts in the world.
The book examines the ways in which an emphasis on sovereignty,
threats to maritime security and overlapping maritime claims caused
by the newly established maritime regimes authorized by UNCLOS are
all contributing factors to the SCS dispute. The book considers the
internal coherence of the Law of the Sea Convention regime and its
dispute settlement procedures. It looks at participation in the
UNCLOS negotiations, maritime legislation, and the dispute
settlement practice of relevant States party to the SCS dispute.
The author goes on to explore the relationship between UNCLOS and
the regimes and institutions in the SCS, particularly in regard to
issues of maritime security, marine environment protection, joint
development of oil and gas and general political interaction. The
author proposes practical mechanisms to resolve the dispute whilst
also offering a final judgement on the effectiveness of UNCLOS for
settling disputes. UNCLOS and Ocean Dispute Settlement will be of
particular interest to academics, students and policy makers of
international, shipping and maritime law as well as being of
interest to academics and students in the field of international
relations.
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