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The South China Sea Dispute As International Law And Politics
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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.
Book Synopsis The South China Sea Dispute as International Law and Politics by : Youngmin Seo
Download or read book The South China Sea Dispute as International Law and Politics written by Youngmin Seo and published by BRILL. This book was released on 2024-04-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digging deep into the fields of international law (IL) and international relations (IR) theory, this book offers a groundbreaking interdisciplinary exploration of legal solutions to the South China Sea dispute. Youngmin Seo navigates the complex terrain of the role of international law in times of power redistribution, presenting unique insights that redefine perspectives. Seamlessly blending IR and IL perspectives and providing a nuanced understanding of this global issue in the Indo-Pacific, this work is a beacon in turbulent waters.
Book Synopsis Major Law and Policy Issues in the South China Sea by : Yann-huei Song
Download or read book Major Law and Policy Issues in the South China Sea written by Yann-huei Song and published by Routledge. This book was released on 2016-05-13 with total page 327 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.
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
Book Synopsis The South China Sea Arbitration by : Stefan Talmon
Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, 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 (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.
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 2018-02-19 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.
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.
Book Synopsis Power Politics in Asia’s Contested Waters by : Enrico Fels
Download or read book Power Politics in Asia’s Contested Waters written by Enrico Fels and published by Springer. This book was released on 2016-02-19 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a comprehensive and empirically rich analysis of regional maritime disputes in the South China Sea (SCS). By discussing important aspects of the rise of China’s maritime power, such as territorial disputes, altered perceptions of geo-politics and challenges to the US-led regional order, the authors demonstrate that a regional power shift is taking place in Asia-Pacific. The volume also provides in-depth discussions of the responses to Chinese actions by SCS claimants as well as by important non-claimant actors.
Book Synopsis Security and International Politics in the South China Sea by : Sam Bateman
Download or read book Security and International Politics in the South China Sea written by Sam Bateman and published by Routledge. This book was released on 2008-12-01 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea has long been regarded as a major source of tension and instability in East Asia. Managing the risk of possible conflict over disputed claims in the South China Sea has been a significant challenge for regional relations. This book explores international politics and security in the South China Sea. It outlines the history of the South China Sea disputes, and the efforts that have been made to resolve these, assessing the broader strategic significance of the region for major geopolitical powers. In addition, new challenges have emerged of resource management, environmental protection, and most recently, of the security and safety of shipping against the threats of piracy and maritime terrorism. The book discusses the convergence of traditional and non-traditional security issues now appearing to provide a basis for co-operation in the South China Sea. It shows how the challenge of establishing co-operative relations is now being met, largely through agreement between the Association of Southeast Asian Nations (ASEAN) and China in 2002 on the Declaration on the Conduct of Parties in the South China Sea, and a range of recent measures for functional co-operation.
Book Synopsis The Politics of South China Sea Disputes by : Nehginpao Kipgen
Download or read book The Politics of South China Sea Disputes written by Nehginpao Kipgen and published by Taylor & Francis. This book was released on 2020-02-24 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive political study of the South China Sea (SCS) disputes. With over US $5 trillion worth of trade passing through it every year and a history of military flashpoints, the SCS is invariably a hotbed of great power rivalry. This book: Traces the history of the disputes from the 19th century until recent developments; Examines recent arbitrations including the ruling on the case filed by the Philippines at the Permanent Court of Arbitration (PCA) at the Hague, the Netherlands; Studies these disputes in a theoretical framework, utilising international relations theories, particularly realism, liberalism and constructivism; Explores how the ASEAN states approach the SCS disputes, and analyses dispute settlement under international law. Drawing on extensive fieldwork and interviews with experts and those directly involved with the disputes, this book is indispensable for students and researchers of maritime studies, security studies, politics and international relations, geopolitics and Asian studies.
Book Synopsis Solving Disputes for Regional Cooperation and Development in the South China Sea by : Shicun Wu
Download or read book Solving Disputes for Regional Cooperation and Development in the South China Sea written by Shicun Wu and published by Elsevier. This book was released on 2013-09-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the South China Sea dispute from a Chinese perspective with regards to history, law, international politics, the economy, diplomacy and military affairs. Not only does it detail China’s official position on the sovereignty and maritime disputes in the South China Sea, but also provides analyses of the related factors influencing the origin and development of these disputes. It further assesses the complexity, internationalisation and long-term struggle over the South China Sea and China’s efforts in dispute resolution. Solving Disputes for Regional Cooperation and Development aims to help readers better understand a Chinese perspective on the complexity of the South China Sea disputes, including competition over the sovereignty of the islets, islands regime and its impact on maritime delimitation, overlapping maritime claims, and how the adjacent states can cooperate for resource development in the South China Sea. This title is highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea, and covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs. Highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea Covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs One of the very few books written by a Chinese scholar in English in this area
Book Synopsis China's Policy Towards Territorial Disputes by : Chi-kin Lo
Download or read book China's Policy Towards Territorial Disputes written by Chi-kin Lo and published by Routledge. This book was released on 2003-09-02 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1949 and the founding of the People's Republic, China has been involved in more than one territorial dispute with its neighbours. Currently the most unstable and dangerous dispute is the one over the Paracel and Spratly islands in the South China Sea. With their potentially rich and accessible petroleum resources, these islands have become the new arena of conflict for the 1970s and 1980s, China having already fought a war with South Vietnam over the Paracel Islands. This book, based on a wealth of primary materials in the Chinese language, is the first to make a thorough and overall investigation of China's policy towards these islands. It deals with the battle for the Paracels, the dispute with Vietnam, the disputes with the Philippines and Malaysia, and the relationship between the territorial disputes and China's maritime claims in the South China Sea.
Book Synopsis War Or Peace in the South China Sea? by : Timo Kivimäki
Download or read book War Or Peace in the South China Sea? written by Timo Kivimäki and published by NIAS Press. This book was released on 2002 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not only is the South China Sea of strategic importance; it is also rich in oil and other natural resources. As such, it is the subject of overlapping territorial disputes between several East and Southeast Asian countries as well as the scene of military tensions and potentially dangerous conflicts. But disputes over the South China Sea are much more complex than simply issues of military security. Environmental values, economic security and political developments are also involved. Spanning the full complexity of the situation, this volume: * covers its historical and legal background * analyses its environmental, economic, military and political dimensions * assesses the potential for containing and resolving disputes as well as transforming the structures of conflict in the region.
Book Synopsis The South China Sea Arbitration by : Yoshifumi Tanaka
Download or read book The South China Sea Arbitration written by Yoshifumi Tanaka and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. In considering these issues, this book examines the South China Sea arbitration in three respects: (i) the clarification of relevant rules and obligations under the UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law.
Book Synopsis Vietnam and the South China Sea by : Do Thanh Hai
Download or read book Vietnam and the South China Sea written by Do Thanh Hai and published by Routledge. This book was released on 2016-12-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies of the escalating tensions and competing claims in the South China Sea overwhelmingly focus on China and its increasingly assertive approach, while the position of the other claimants is overlooked. This book focuses on the attitude of Vietnam towards the South China Sea dispute. It examines the position from a historical perspective, shows how Vietnam’s position is affected by its wish to maintain good relations with China on a range of issues, and outlines how Vietnam has occasionally made overtures to both the United States and Japan in order to bolster its position, and considered the possibility, so far resisted, of taking China to formal arbitration under the auspices of the United Nations Convention on the Law of the Sea. The book concludes by assessing the future prospects for Vietnam’s position in the dispute.
Book Synopsis Perspectives on the South China Sea by : Murray Hiebert
Download or read book Perspectives on the South China Sea written by Murray Hiebert and published by Rowman & Littlefield. This book was released on 2014-10-08 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea is arguably one of the world’s most dangerous regions, with conflicting diplomatic, legal, and security claims by major and mid-level powers. To assess these disputes, CSIS brought together an international group of experts—from Australia, Canada, China, Indonesia, Japan, Malaysia, the Philippines, the United Kingdom, the United States, and Vietnam. This volume gathers these experts’ analyses to provide a diverse and wide-ranging set of perspectives on the region and to explore possibilities for future cooperation.
Book Synopsis Maritime and Territorial Disputes in the South China Sea by : Yih-Jye Hwang
Download or read book Maritime and Territorial Disputes in the South China Sea written by Yih-Jye Hwang and published by Routledge. This book was released on 2021-03-09 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.
