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This book explores the opportunities and challenges that both
Europe and Asia face under the framework of the 21st Century
Maritime Silk Road Initiative. The 21st Century Maritime Silk Road
Initiative (MSR Initiative), put forward by the Chinese government
together with the Silk Road Economic Belt, reflects China's
ambition and vision to shape the global economic and political
order. The first step and priority under the MSR Initiative,
according to documents issued by China, is to build three 'Blue
Economic Passages' linking China with the rest of the world at sea,
two of which will connect China with Europe. This initiative,
however, still faces enormous challenges of geopolitical suspicion
and security risks. This book seeks to assess these risks and their
causes for the cooperation between the Eurasian countries under the
framework of MSR and puts forward suggestions to deal with these
risks in the interdisciplinary perspectives of international
relations and international law. Featuring a global team of
contributors, this book will be of much interest to students of
Asian politics, maritime security, international law and
international relations.
Major law and policy issues in the South China Sea are discussed
mainly from the perspectives of leading American and European
scholars in the study of the complex South China Sea disputes. The
issues include regional maritime cooperation and regime building,
Southeast Asian countries' responses to the Chinese assertiveness,
China's historic claims, maritime boundary delimitation and
excessive maritime claims, military activities and the law of the
sea, freedom of navigation and its impact on the problem, the
dispute between Vietnam and China, confidence-building measures and
U.S.-Taiwan-China relations in the South China Sea, and Taiwan's
role in the resolution to the South China Sea issues. Over the past
three years, there have been several incidents in the South China
Sea between the claimants, and also between the claimants and
non-claimants over fisheries, collection of seismic data,
exploration for oil and gas resources, and exercise of freedom of
navigation. Third party concerns and involvement in the South China
Sea disputes have been increasing as manifested in actions taken by
the United States, India, and Japan. It is therefore important to
examine South China Sea disputes from the legal and political
perspective and from the view point of American and European
experts who have been studying South China Sea issues for many
years.
While there is abundant literature discussing non-traditional
security issues, there is little mention of such issues existing in
the South China Sea. This area is vulnerable to natural hazards and
marine environmental degradation. The marine ecosystem is
threatened by various adverse sources including land-based
pollution, busy shipping lanes, and over-exploitation activities
which threaten the security of the surrounding population. This
area is also threatened by piracy and maritime crimes but law
enforcement becomes difficult due to unclear maritime boundaries.
This volume is designed to explore the security cooperation and
regional approaches to these non-traditional security issues in the
hope to build a peaceful environment and maintain international and
regional security and order in the South China Sea region.
Major law and policy issues in the South China Sea are discussed
mainly from the perspectives of leading American and European
scholars in the study of the complex South China Sea disputes. The
issues include regional maritime cooperation and regime building,
Southeast Asian countries' responses to the Chinese assertiveness,
China's historic claims, maritime boundary delimitation and
excessive maritime claims, military activities and the law of the
sea, freedom of navigation and its impact on the problem, the
dispute between Vietnam and China, confidence-building measures and
U.S.-Taiwan-China relations in the South China Sea, and Taiwan's
role in the resolution to the South China Sea issues. Over the past
three years, there have been several incidents in the South China
Sea between the claimants, and also between the claimants and
non-claimants over fisheries, collection of seismic data,
exploration for oil and gas resources, and exercise of freedom of
navigation. Third party concerns and involvement in the South China
Sea disputes have been increasing as manifested in actions taken by
the United States, India, and Japan. It is therefore important to
examine South China Sea disputes from the legal and political
perspective and from the view point of American and European
experts who have been studying South China Sea issues for many
years.
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.
This book explores the opportunities and challenges that both
Europe and Asia face under the framework of the 21st Century
Maritime Silk Road Initiative. The 21st Century Maritime Silk Road
Initiative (MSR Initiative), put forward by the Chinese government
together with the Silk Road Economic Belt, reflects China's
ambition and vision to shape the global economic and political
order. The first step and priority under the MSR Initiative,
according to documents issued by China, is to build three 'Blue
Economic Passages' linking China with the rest of the world at sea,
two of which will connect China with Europe. This initiative,
however, still faces enormous challenges of geopolitical suspicion
and security risks. This book seeks to assess these risks and their
causes for the cooperation between the Eurasian countries under the
framework of MSR and puts forward suggestions to deal with these
risks in the interdisciplinary perspectives of international
relations and international law. Featuring a global team of
contributors, this book will be of much interest to students of
Asian politics, maritime security, international law and
international relations.
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.
On 22 January 2013, the Republic of the Philippines instituted
arbitral proceedings against the People's Republic of China (PRC)
under the United Nations Convention on the Law of the Sea (UNCLOS)
with regard to disputes between the two countries in the South
China Sea. The South China Sea Arbitration is a landmark case in
international law because of the parties involved, the legal
questions to be decided and the absence of one of the parties. As
revealed in its official statements, the PRC will neither accept
nor participate in this arbitration nor present written and oral
arguments in the tribunal room. Such default of appearance makes
applicable certain procedural rules. According to Article 9 of
Annex VII, the Tribunal, before making its Award, is obligated to
satisfy itself not only that it has jurisdiction over the dispute,
but also that the claims brought by the Philippines are
well-founded in fact and law. Therefore, it is necessary for the
Tribunal to look into all the claims brought forward by the
Philippines and all the disputes constituted by the claims in the
procedural phase. The possible arguments the PRC could make should
be explored during this process. This book brings together chapters
selected from well-established scholars in Asia, Europe and North
America addressing the issues arising from the South China Sea
Arbitration. It contains five easy to read parts: origin and
development of the South China Sea dispute; the jurisdiction and
admissibility of the case; international adjudication and dispute
settlement; legal issues arising from the case such as the legal
status of the U-shaped line and islands, rocks and low-tide
elevations; and the Arbitration case and its impact on regional
maritime security.
While there is abundant literature discussing non-traditional
security issues, there is little mention of such issues existing in
the South China Sea. This area is vulnerable to natural hazards and
marine environmental degradation. The marine ecosystem is
threatened by various adverse sources including land-based
pollution, busy shipping lanes, and over-exploitation activities
which threaten the security of the surrounding population. This
area is also threatened by piracy and maritime crimes but law
enforcement becomes difficult due to unclear maritime boundaries.
This volume is designed to explore the security cooperation and
regional approaches to these non-traditional security issues in the
hope to build a peaceful environment and maintain international and
regional security and order in the South China Sea region.
On 22 January 2013, the Republic of the Philippines instituted
arbitral proceedings against the People's Republic of China (PRC)
under the United Nations Convention on the Law of the Sea (UNCLOS)
with regard to disputes between the two countries in the South
China Sea. The South China Sea Arbitration is a landmark case in
international law because of the parties involved, the legal
questions to be decided and the absence of one of the parties. As
revealed in its official statements, the PRC will neither accept
nor participate in this arbitration nor present written and oral
arguments in the tribunal room. Such default of appearance makes
applicable certain procedural rules. According to Article 9 of
Annex VII, the Tribunal, before making its Award, is obligated to
satisfy itself not only that it has jurisdiction over the dispute,
but also that the claims brought by the Philippines are
well-founded in fact and law. Therefore, it is necessary for the
Tribunal to look into all the claims brought forward by the
Philippines and all the disputes constituted by the claims in the
procedural phase. The possible arguments the PRC could make should
be explored during this process. This book brings together chapters
selected from well-established scholars in Asia, Europe and North
America addressing the issues arising from the South China Sea
Arbitration. It contains five easy to read parts: origin and
development of the South China Sea dispute; the jurisdiction and
admissibility of the case; international adjudication and dispute
settlement; legal issues arising from the case such as the legal
status of the U-shaped line and islands, rocks and low-tide
elevations; and the Arbitration case and its impact on regional
maritime security.
This book analyses he implementation of the United Nations
Convention on the Law of the Sea (UNCLOS) in the light of state
practices of China and Japan. The special character of the book can
be found in its structure of comparative analysis of the practices
of China and Japan in each part. The focus is on historical aspects
(Part I), implementation of the UNCLOS (Part II), navigation (Part
III), mid-ocean archipelagos (Part IV), the marine environment
(Part V), and dispute settlement (Part VI). By taking this
approach, the book elucidates a variety of aspects of history,
difficulties, problems, and controversies arising from the
implementation of the UNCLOS by the two nations. Furthermore,
contributors from China and Japan tend to show different
perspectives on the UNCLOS, which, by clarifying the need for
further debate, are expected to contribute to the continuing
cooperation between the academics of the two states.
Maritime security is of vital importance to the South China Sea, a
critical sea route for maritime transport of East Asian countries
including China. The adjacent countries have rendered overlapping
territorial and/or maritime claims in the South China Sea which
complicate the situation of maintaining maritime security and
developing regional cooperation there. This book focuses on
contemporary maritime security in the South China Sea as well as
its connected sea area, the Straits of Malacca and Singapore. It
identifies and examines selected security issues concerning the
safety of navigation, crackdown on transnational crimes including
sea piracy and maritime terrorism, and conflict prevention and
resolution. In the context of non-traditional security, issues such
as maritime environmental security and search and rescue at sea are
included. The book explores ways and means of international
cooperation in dealing with these maritime security issues.
Through a multi-disciplinary approach, this volume studies the
management and settlement of conflict and disputes in East Asia.
Conflict and disputes exist everywhere in human society. The
management and settlement of them has become an imperative. This
volume is a significant contribution to a broader understanding of
the complexities involved in managing and settling disputes and
conflicts at regional, inter-state and intra-state levels in the
East Asian region. Drawing on expertise in Peace and Conflict,
International Relations, and International Law the volume presents
to the reader a general picture of how conflict can be managed at
the international and regional levels through various mechanisms,
in particular, through prominent regional organizations such as
ASEAN. It then moves on to case studies at the regional level
including inter-state and intra-state conflicts and disputes. The
last part of the volume highlights how states resolve their
maritime disputes. This has drawn much attention from the
international community due to various factors such as the
increasing demand for natural resources from the oceans. These
disputes disrupt the smooth development of international relations
as well as trigger tensions and confrontation between states.
This book analyses he implementation of the United Nations
Convention on the Law of the Sea (UNCLOS) in the light of state
practices of China and Japan. The special character of the book can
be found in its structure of comparative analysis of the practices
of China and Japan in each part. The focus is on historical aspects
(Part I), implementation of the UNCLOS (Part II), navigation (Part
III), mid-ocean archipelagos (Part IV), the marine environment
(Part V), and dispute settlement (Part VI). By taking this
approach, the book elucidates a variety of aspects of history,
difficulties, problems, and controversies arising from the
implementation of the UNCLOS by the two nations. Furthermore,
contributors from China and Japan tend to show different
perspectives on the UNCLOS, which, by clarifying the need for
further debate, are expected to contribute to the continuing
cooperation between the academics of the two states.
The international law of the sea is the oldest branch in
traditional international law but also a fast developing branch in
contemporary international law. After the entry into force of the
UN Convention on the Law of the Sea in 1994, there have been
considerable developments in the field of the law of the sea. Some
provisions of the Convention proved to be inadequate, ambiguous or
difficult for an effective implementation. This book attempts to
reflect the latest developments in the law of the sea, including
maritime dispute settlement, maritime boundary delimitation,
non-traditional maritime security issues, and the impact of
maritime powers such as the United States on the development of the
law of the sea. While the book takes a holistic approach, it has
made a special reference to East Asia, the most vibrant region in
economic development and the most volatile place in maritime
disputes in today's world.
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