UNCLOS and Ocean Dispute Settlement

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Author :
Publisher : Routledge
ISBN 13 : 0415505275
Total Pages : 282 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis UNCLOS and Ocean Dispute Settlement by : Nong Hong

Download or read book UNCLOS and Ocean Dispute Settlement written by Nong Hong and published by Routledge. This book was released on 2012 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.

China's Law of the Sea

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Author :
Publisher : Yale University Press
ISBN 13 : 0300256477
Total Pages : 415 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis China's Law of the Sea by : Isaac B. Kardon

Download or read book China's Law of the Sea written by Isaac B. Kardon and published by Yale University Press. This book was released on 2023-03-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth examination of the law and geopolitics of China's maritime disputes and their implications for the rules of the international law of the sea China's Law of the Sea is the first comprehensive study of the law and geopolitics of China's maritime disputes. It provides a rigorous empirical account of whether and how China is changing "the rules" of international order--specifically, the international law of the sea. Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China's leaders have begun to implement "China's law of the sea": building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China's preferred maritime rules on the water and in the diplomatic arena. Isaac B. Kardon examines China's laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants' reactions to these Chinese practices, because other states must acquiesce for China's preferences to become international rules. China's maritime disputes offer unique insights into the nature and scope of China's challenge to international order.

The South China Sea Disputes and Law of the Sea

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178347727X
Total Pages : 296 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The South China Sea Disputes and Law of the Sea by : S. Jayakumar

Download or read book The South China Sea Disputes and Law of the Sea written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

China’s Law of the Sea

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Author :
Publisher : Yale University Press
ISBN 13 : 0300271549
Total Pages : 480 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis China’s Law of the Sea by : Isaac B. Kardon

Download or read book China’s Law of the Sea written by Isaac B. Kardon and published by Yale University Press. This book was released on 2023-03-28 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth examination of the law and geopolitics of China’s maritime disputes and their implications for the rules of the international law of the sea China’s Law of the Sea is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order—specifically, the international law of the sea. Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China’s leaders have begun to implement “China’s law of the sea”: building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China’s preferred maritime rules on the water and in the diplomatic arena. Isaac B. Kardon examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order.

UN Convention on the Law of the Sea and the South China Sea

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 147245295X
Total Pages : 369 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis UN Convention on the Law of the Sea and the South China Sea by : Dr Nong Hong

Download or read book UN Convention on the Law of the Sea and the South China Sea written by Dr Nong Hong and published by Ashgate Publishing, Ltd.. This book was released on 2015-10-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: UN Convention on the Law of the Sea and the South China Sea covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

China's Policy Towards the South China Sea

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Author :
Publisher : Routledge
ISBN 13 : 9780367888985
Total Pages : 254 pages
Book Rating : 4.8/5 (889 download)

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Book Synopsis China's Policy Towards the South China Sea by : Lingqun Li

Download or read book China's Policy Towards the South China Sea written by Lingqun Li and published by Routledge. This book was released on 2019-12-12 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an explanation of Chinese policy towards the South China Sea, and argues that this has been sculpted by the changing dynamics of the law of the sea in conjunction with regional geopolitical flux. The past few decades have witnessed a bifurcated trend in China's management of territorial disputes. Over the years, while China gradually calmed and settled most land-border disputes with its neighbors, disputes on the ocean frontier continued to simmer in a seething cauldron. China's Policy towards the South China Sea attributes the distinctive path of China's approach to maritime disputes to a unique factor - the law of the sea (LOS) as the "rules of the road" in the ocean. By deconstructing the concept of "sovereignty" and treating the LOS as an evolving regime, the book examines how the changing dynamics of the LOS regime have complicated and reshaped the nature and content of sovereign disputes in the ocean regime as well as the options of settlement. Applying the findings to the South China Sea case, the author traces the learning curve on which China has embarked to comprehend the complexity of the dispute accordingly and finds that it is the dynamic interaction of the law of the sea regime and the geopolitical conditions that has driven the evolution of China's South China Sea policy. This book will be of great interest to students of Chinese and Asian politics, international law, international relations and security studies.

Recent Developments in the Law of the Sea And China

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004148418
Total Pages : 531 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Recent Developments in the Law of the Sea And China by : University of Virginia. Center for Oceans Law and Policy. Conference

Download or read book Recent Developments in the Law of the Sea And China written by University of Virginia. Center for Oceans Law and Policy. Conference and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is on current ocean law and policy issues particularly in the region around China. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.

The Rise of China and International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190073616
Total Pages : 344 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Rise of China and International Law by : Congyan Cai

Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

The South China Sea Arbitration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116275
Total Pages : pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis The South China Sea Arbitration by : S. Jayakumar

Download or read book The South China Sea Arbitration written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Major Law and Policy Issues in the South China Sea

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 147240159X
Total Pages : 329 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Major Law and Policy Issues in the South China Sea by : Dr Yann-huei Song

Download or read book Major Law and Policy Issues in the South China Sea written by Dr Yann-huei Song and published by Ashgate Publishing, Ltd.. This book was released on 2014-03-28 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

China's Marine Legal System and the Law of the Sea

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Author :
Publisher : BRILL
ISBN 13 : 9047407652
Total Pages : 395 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis China's Marine Legal System and the Law of the Sea by : Keyuan Zou

Download or read book China's Marine Legal System and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2005-06-01 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996.

China's Practice in the Law of the Sea

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis China's Practice in the Law of the Sea by : Jeanette Greenfield

Download or read book China's Practice in the Law of the Sea written by Jeanette Greenfield and published by Oxford University Press, USA. This book was released on 1992 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, which is an expansion of part of Dr Greenfield's earlier book China and the Law of the Sea, Air, and Environment, the author examines the current practice of the Government of the People's Republic of China in relation to the law of the sea, an area in which the CPR has latelybecome an active participant in the UN system. Concentrating on the Law of the Sea Convention which was signed by China this study also looks at recent efforts made by China to protect her offshore petroleum resources. Drawing on the much larger literature now available to foreign scholars, thisbook is set to become the definitive study of the subject.

The Law of the Seabed

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Publisher : BRILL
ISBN 13 : 9004391568
Total Pages : 637 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Law of the Seabed by : Catherine Banet

Download or read book The Law of the Seabed written by Catherine Banet and published by BRILL. This book was released on 2020-01-29 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.

Power, Law, and Maritime Order in the South China Sea

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Author :
Publisher : Lexington Books
ISBN 13 : 1498512771
Total Pages : 390 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Power, Law, and Maritime Order in the South China Sea by : Tran Truong Thuy

Download or read book Power, Law, and Maritime Order in the South China Sea written by Tran Truong Thuy and published by Lexington Books. This book was released on 2015-09-04 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Implementation of the United Nations Convention on the Law of the Sea

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Author :
Publisher : Springer Nature
ISBN 13 : 981336954X
Total Pages : 259 pages
Book Rating : 4.8/5 (133 download)

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Book Synopsis Implementation of the United Nations Convention on the Law of the Sea by : Dai Tamada

Download or read book Implementation of the United Nations Convention on the Law of the Sea written by Dai Tamada and published by Springer Nature. This book was released on 2021-04-02 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law of the Sea in South East Asia

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Author :
Publisher : Routledge
ISBN 13 : 0429664966
Total Pages : 323 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Law of the Sea in South East Asia by : Donald R Rothwell

Download or read book Law of the Sea in South East Asia written by Donald R Rothwell and published by Routledge. This book was released on 2019-07-19 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The South China Sea

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Author :
Publisher : Yale University Press
ISBN 13 : 0300189540
Total Pages : 317 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The South China Sea by : Bill Hayton

Download or read book The South China Sea written by Bill Hayton and published by Yale University Press. This book was released on 2014-10-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s rise has upset the global balance of power, and the first place to feel the strain is Beijing’s back yard: the South China Sea. For decades tensions have smoldered in the region, but today the threat of a direct confrontation among superpowers grows ever more likely. This important book is the first to make clear sense of the South Sea disputes. Bill Hayton, a journalist with extensive experience in the region, examines the high stakes involved for rival nations that include Vietnam, India, Taiwan, the Philippines, and China, as well as the United States, Russia, and others. Hayton also lays out the daunting obstacles that stand in the way of peaceful resolution. Through lively stories of individuals who have shaped current conflicts—businessmen, scientists, shippers, archaeologists, soldiers, diplomats, and more—Hayton makes understandable the complex history and contemporary reality of the South China Sea. He underscores its crucial importance as the passageway for half the world’s merchant shipping and one-third of its oil and gas. Whoever controls these waters controls the access between Europe, the Middle East, South Asia, and the Pacific. The author critiques various claims and positions (that China has historic claim to the Sea, for example), overturns conventional wisdoms (such as America’s overblown fears of China’s nationalism and military resurgence), and outlines what the future may hold for this clamorous region of international rivalry.