Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons

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 topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals. This important book provides neutral and objective analysis of law of the sea issues of relevance to the South China Sea and will therefore prove a valuable resource to Government officials and policy-makers from the ASEAN countries, Australia, China, Japan, Korea and the United States. It will also be of special interest to political analysts with an ongoing interest in the legal issues pertaining to the South China Sea region in light of concerns regarding conflict, challenges to freedom of navigation and access to resources. Contributors: D. Anderson, Y. van Logchem, T.L. McDorman, A.O. Elferink, B. Oxman, C. Schofield, C.R. Symmons, T. Treves

Transboundary Pollution: Evolving Issues of International Law and Policy provides a comprehensive and perceptive overview of the legal principles that govern pollution internationally and explores the utilization of these principles in practice.Legal principles regarding State responsibility for transboundary pollution are well settled in international law. At issue is how these principles are applied and what mechanisms are developed to regulate specific types of transboundary pollution, including pollution of the marine environment and shared water resources, nuclear pollution and air pollution. Expert contributors come together in this book to discuss all major aspects of transboundary pollution and the practical application of the State responsibility doctrine. Empirical studies of European, Asian and Southeast Asian countries demonstrate regional perspectives of how international law and policy governing transboundary pollution translates into practice. Academics, students and practitioners alike will benefit from the perceptive and discerning insight the book presents into this important issue within international law, environmental law and public policy. Contributors: R. Beckman, A. Boyle, H.C. Bugge, G. Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J. Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif, A.K-.J.Tan, S. Tay

This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea. The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development. Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book. Contributors: V. Becker-Weinberg, R. Beckman, L. Bernard, P. Cameron, T. Davenport, R. James, S. Jayakumar, S. Kaye, G. MacLaren, B. Milligan, R. Nowinski, D.M. Ong, C. Schofield, I. Townsend-Gault

Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea. Contributors: R.C. Beckman, W.L. Cheah, M.F.A. Ibanez, M. Jacobsson, N. Passas, J.A. Roach, C. Termsak, A. Twyman-Ghoshal, K. von Hoesslin

The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies. The book will also interest academics and practitioners working on comparative and cross-disciplinary studies of dispute settlement, monitoring mechanisms, compliance, and international and regional organisations.

This Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

This Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

On 11 April 2016, Timor-Leste initiated a compulsory non-binding conciliation proceeding against Australia under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS) on its maritime boundary dispute with Australia in the Timor Sea. On 6 March 2018, the parties signed a settlement treaty on the basis of the proposal of the Conciliation Commission. Two months later, the Conciliation Commission issued its report, marking the conclusion of the first ever conciliation proceeding under Annex V of UNCLOS.This book provides detailed analyses of the proceedings and a step-by-step account of the conciliation process, as well as its wider implications for dispute settlement under UNCLOS and beyond. The various chapters explore a wide range of issues, including an overview of conciliation as a means of dispute settlement and the conciliation procedure in UNCLOS, as well as the origins and historical background of the maritime boundary dispute between Timor-Leste and Australia. The book also provides a comprehensive examination of each step of the conciliation proceedings, including the role of the Conciliation Commission, the Conciliation Commission's Decision on Competence, the issue of joint development, and the Maritime Boundaries Treaty, which Timor-Leste and Australia concluded as the legal outcome of the conciliation proceedings. Critically, the book offers insightful perspectives from Australia and Timor-Leste on the conciliation process. The book is an important contribution to the research and analysis of the Timor Sea conciliation. As one of the first books on the case, it will raise awareness and bring more familiarity with conciliation as a viable and effective dispute settlement process, thereby encouraging states to consider conciliation as a means to settle their disputes.

Over the last few decades there has been growing recognition of the importance of a peaceful and stable South China Sea for Indo-Pacific security and development, a recognition that has been underlain, paradoxically, by the increasingly precarious situation in this body of water that straddles critical shipping lanes from the Indian to the Pacific Ocean. This book informs its readership of the most recent developments in the South China Sea with insightful and prescient analyses from both legal and international relations perspectives. It delves into the policy perspectives and deliberations of the various relevant regional and extra-regional actors in the South China Sea dispute, the exercise of international law in the context of the changing regional political landscape, and the promise and pitfalls of past, current, and potential initiatives to manage and settle the dispute. Written by some of the most well-known scholars and knowledgeable insiders in the fields South China Sea studies, the collection offers a wide array of diverse views that should help enrich the ongoing global discussion on conflict management and resolution in the South China Sea.

Over the last few decades there has been growing recognition of the importance of a peaceful and stable South China Sea for Indo-Pacific security and development, a recognition that has been underlain, paradoxically, by the increasingly precarious situation in this body of water that straddles critical shipping lanes from the Indian to the Pacific Ocean. This book informs its readership of the most recent developments in the South China Sea with insightful and prescient analyses from both legal and international relations perspectives. It delves into the policy perspectives and deliberations of the various relevant regional and extra-regional actors in the South China Sea dispute, the exercise of international law in the context of the changing regional political landscape, and the promise and pitfalls of past, current, and potential initiatives to manage and settle the dispute. Written by some of the most well-known scholars and knowledgeable insiders in the fields South China Sea studies, the collection offers a wide array of diverse views that should help enrich the ongoing global discussion on conflict management and resolution in the South China Sea.

China and East Asian Strategic Dynamics: the Shaping of a New Regional Order, edited by Mingjiang Li and Dongmin Lee, examines how China's remarkable economic growth and its proactive diplomatic efforts in recent years have not only shored up its importance in global issues, but also induced a transformation of the strategic dynamics in East Asia. The authors argue that major power relations in the region appear to be driven by some new momentum along with the changing international environment. The contributors of this edited volume are well-known scholars in their areas of specialty, and the book is divided into five parts. The first part discusses China's soft and hard power in East Asia. The second examines China and the strategic interactions between major powers; this particular section is devoted to discussion on the strategic responses of the major regional powers-the United States, Japan, Korea, India and ASEAN-to China's rise. Part three focuses on China's strategic approach to East Asian regionalism. Of particular note are China's active leadership role in institution-building efforts, strategic calculations, and preference for an informal approach. The fourth section analyzes the Cross-Taiwan Strait relations and their impact on both China and East Asia. The final section of China and East Asian Strategic Dynamics addresses the issue of China and maritime order in East Asia. China and East Asian Strategic Dynamics: the Shaping of a New Regional Order, edited by Mingjiang Li and Dongmin Lee, is a pioneering work. Given that the rise of China is a prominent issue in politics and economics worldwide, this edited collection is essential for a wide audience of policy-makers, academics, and students alike.

China and East Asian Strategic Dynamics: the Shaping of a New Regional Order, edited by Mingjiang Li and Dongmin Lee, examines how China's remarkable economic growth and its proactive diplomatic efforts in recent years have not only shored up its importance in global issues, but also induced a transformation of the strategic dynamics in East Asia. The authors argue that major power relations in the region appear to be driven by some new momentum along with the changing international environment. The contributors of this edited volume are well-known scholars in their areas of specialty, and the book is divided into five parts. The first part discusses China's soft and hard power in East Asia. The second examines China and the strategic interactions between major powers; this particular section is devoted to discussion on the strategic responses of the major regional powers the United States, Japan, Korea, India and ASEAN to China's rise. Part three focuses on China's strategic approach to East Asian regionalism. Of particular note are China's active leadership role in institution-building efforts, strategic calculations, and preference for an informal approach. The fourth section analyzes the Cross-Taiwan Strait relations and their impact on both China and East Asia. The final section of China and East Asian Strategic Dynamics addresses the issue of China and maritime order in East Asia. China and East Asian Strategic Dynamics: the Shaping of a New Regional Order, edited by Mingjiang Li and Dongmin Lee, is a pioneering work. Given that the rise of China is a prominent issue in politics and economics worldwide, this edited collection is essential for a wide audience of policy-makers, academics, and students alike.