The Law of the Sea in the Asian Pacific Region PDF Download

Author: James Crawford
Publisher: BRILL
ISBN: 9004482202
Category : Law
Languages : en
Pages : 294

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Book Description
The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends.

Author: Seokwoo Lee
Publisher: BRILL
ISBN: 9004310711
Category : Law
Languages : en
Pages : 240

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Book Description
Asia-Pacific and the Implementation of the Law of the Sea reviews the legislative and policy approach taken by selected States to fulfil their obligations under the United Nations Law of the Sea Convention (LOSC).

Author: Simon Chesterman
Publisher: Oxford Handbooks
ISBN: 0198793855
Category : Law
Languages : en
Pages : 904

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Book Description
The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Author: Seokwoo Lee
Publisher: BRILL
ISBN: 9004532099
Category : Law
Languages : en
Pages : 750

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Book Description
The Encyclopedia of Ocean Law and Policy in Asia-Pacific provides a detailed snapshot of the contemporary and historic ocean law and policy of numerous states across the region, from the perspective of regional authors and utilizing a consistent subject outline to promote comparative research.

Author: Sam Bateman
Publisher: Routledge
ISBN: 0429557086
Category : Law
Languages : en
Pages : 139

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Book Description
The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.

Author: Donald R Rothwell
Publisher: Routledge
ISBN: 0429664966
Category : Law
Languages : en
Pages : 323

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Book Description
The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

Author: Myron H. Nordquist
Publisher: BRILL
ISBN: 9004412026
Category : Law
Languages : en
Pages : 523

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Book Description
Cooperation and Engagement in the Asia-Pacific Region provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.

Author: Nong Hong
Publisher: Routledge
ISBN: 1351358227
Category : Business & Economics
Languages : en
Pages : 280

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Book Description
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.

Author: Mohan Malik
Publisher: Rowman & Littlefield
ISBN: 1442235330
Category : Political Science
Languages : en
Pages : 290

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Book Description
In the twenty-first century, the Indo-Pacific has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region.

Author: Hanns Jürgen Buchholz
Publisher: Institute of Southeast Asian Studies
ISBN: 9971988739
Category : Economic zones
Languages : en
Pages : 130

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Book Description
The United Nations Conference on the Law of the Sea produced a Convention in 1982 through which maritime regionalization is to be peacefully organized. However, jurisdictional application of the Law of the Sea has not been easy. In this book the basic problems of regionalization are concisely described in relation to each area regime and the regulations of the new Law of the Sea. The development of maritime law in the Pacific region is summarized and the economic significance of these sea-areas is also clearly stated.