The Territorial Dispute And Beyond

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Beyond Territorial Disputes in the South China Sea

Author : Robert C. Beckman
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955948
Total Pages : 372 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Beyond Territorial Disputes in the South China Sea by : Robert C. Beckman

Download or read book Beyond Territorial Disputes in the South China Sea written by Robert C. Beckman and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia 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.

Settlers in Contested Lands

Author : Oded Haklai
Publisher : Stanford University Press
ISBN 13 : 0804796521
Total Pages : 256 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Settlers in Contested Lands by : Oded Haklai

Download or read book Settlers in Contested Lands written by Oded Haklai and published by Stanford University Press. This book was released on 2015-10-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settlers feature in many protracted territorial disputes and ethnic conflicts around the world. Explaining the dynamics of the politics of settlers in contested territories in several contemporary cases, this book illuminates how settler-related conflicts emerge, evolve, and are significantly more difficult to resolve than other disputes. Written by country experts, chapters consider Israel and the West Bank, Arab settlers in Kirkuk, Moroccan settlers in Western Sahara, settlers from Fascist Italy in North Africa, Turkish settlers in Cyprus, Indonesian settlers in East Timor, and Sinhalese settlers in Sri Lanka. Addressing four common topics—right-sizing the state, mobilization and violence, the framing process, and legal principles versus pragmatism—the cases taken together raise interrelated questions about the role of settlers in conflicts in contested territory. Then looking beyond the similar characteristics, these cases also illuminate key differences in levels of settler mobilization and the impact these differences can have on peace processes to help explain different outcomes of settler-related conflicts. Finally, cases investigate the causes of settler mobilization and identify relevant conflict resolution mechanisms.

Research Handbook on Territorial Disputes in International Law

Author : Marcelo G. Kohen
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546871
Total Pages : 519 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on Territorial Disputes in International Law by : Marcelo G. Kohen

Download or read book Research Handbook on Territorial Disputes in International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett

Strong Borders, Secure Nation

Author : M. Taylor Fravel
Publisher : Princeton University Press
ISBN 13 : 1400828872
Total Pages : 394 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Strong Borders, Secure Nation by : M. Taylor Fravel

Download or read book Strong Borders, Secure Nation written by M. Taylor Fravel and published by Princeton University Press. This book was released on 2008-08-25 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China emerges as an international economic and military power, the world waits to see how the nation will assert itself globally. Yet, as M. Taylor Fravel shows in Strong Borders, Secure Nation, concerns that China might be prone to violent conflict over territory are overstated. The first comprehensive study of China's territorial disputes, Strong Borders, Secure Nation contends that China over the past sixty years has been more likely to compromise in these conflicts with its Asian neighbors and less likely to use force than many scholars or analysts might expect. By developing theories of cooperation and escalation in territorial disputes, Fravel explains China's willingness to either compromise or use force. When faced with internal threats to regime security, especially ethnic rebellion, China has been willing to offer concessions in exchange for assistance that strengthens the state's control over its territory and people. By contrast, China has used force to halt or reverse decline in its bargaining power in disputes with its militarily most powerful neighbors or in disputes where it has controlled none of the land being contested. Drawing on a rich array of previously unexamined Chinese language sources, Strong Borders, Secure Nation offers a compelling account of China's foreign policy on one of the most volatile issues in international relations.

These Islands Are Ours

Author : Alexander Bukh
Publisher : Stanford University Press
ISBN 13 : 1503611906
Total Pages : 339 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis These Islands Are Ours by : Alexander Bukh

Download or read book These Islands Are Ours written by Alexander Bukh and published by Stanford University Press. This book was released on 2020-03-10 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial disputes are one of the main sources of tension in Northeast Asia. Escalation in such conflicts often stems from a widely shared public perception that the territory in question is of the utmost importance to the nation. While that's frequently not true in economic, military, or political terms, citizens' groups and other domestic actors throughout the region have mounted sustained campaigns to protect or recover disputed islands. Quite often, these campaigns have wide-ranging domestic and international consequences. Why and how do territorial disputes that at one point mattered little, become salient? Focusing on non-state actors rather than political elites, Alexander Bukh explains how and why apparently inconsequential territories become central to national discourse in Japan, South Korea, and Taiwan. These Islands Are Ours challenges the conventional wisdom that disputes-related campaigns originate in the desire to protect national territory and traces their roots to times of crisis in the respective societies. This book gives us a new way to understand the nature of territorial disputes and how they inform national identities by exploring the processes of their social construction, and amplification.

The China-Japan Border Dispute

Author : Professor Kimie Hara
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472442997
Total Pages : 215 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis The China-Japan Border Dispute by : Professor Kimie Hara

Download or read book The China-Japan Border Dispute written by Professor Kimie Hara and published by Ashgate Publishing, Ltd.. This book was released on 2015-06-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crossing disciplinary boundaries, this volume offers a rare forum for a serious analysis of the territorial dispute over the Diaoyu/Senkaku Islands between China and Japan. The volume deconstructs conflicting perspectives on the two sides of the dispute. Cutting through the political rhetoric on both sides of the controversy, this book analyzes the relevant history, international law, multilateral relations, political agendas, and social and collective memory, to shed light on this difficult dispute. Taken together, the chapters of the book propose short-term, medium-term, and long-term peaceful solutions for going beyond the impasse of the current territorial dispute.

Beyond a Boundary

Author : Cyril Lionel Robert James
Publisher : Duke University Press
ISBN 13 : 9780822313830
Total Pages : 300 pages
Book Rating : 4.3/5 (138 download)

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Book Synopsis Beyond a Boundary by : Cyril Lionel Robert James

Download or read book Beyond a Boundary written by Cyril Lionel Robert James and published by Duke University Press. This book was released on 1993 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In C. L. R. James's classic Beyond a Boundary, the sport is cricket and the scene is the colonial West Indies. Always eloquent and provocative, James--the "black Plato," (as coined by the London Times)--shows us how, in the rituals of performance and conflict on the field, we are watching not just prowess but politics and psychology at play. Part memoir of a boyhood in a black colony (by one of the founding fathers of African nationalism), part passionate celebration of an unusual and unexpected game, Beyond a Boundary raises, in a warm and witty voice, serious questions about race, class, politics, and the facts of colonial oppression. Originally published in England in 1963 and in the United States twenty years later (Pantheon, 1983), this second American edition brings back into print this prophetic statement on race and sport in society.

Boundary Disputes in Latin America

Author : Jorge I. Domínguez
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Boundary Disputes in Latin America by : Jorge I. Domínguez

Download or read book Boundary Disputes in Latin America written by Jorge I. Domínguez and published by . This book was released on 2003 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Beyond Neutrality

Author : Bernard S. Mayer
Publisher : John Wiley & Sons
ISBN 13 : 0787974064
Total Pages : 334 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis Beyond Neutrality by : Bernard S. Mayer

Download or read book Beyond Neutrality written by Bernard S. Mayer and published by John Wiley & Sons. This book was released on 2004-04-26 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thought-provoking, passionately written book, Bernard Mayer—an internationally acclaimed leader in the field—dares practitioners to ask the hard questions about alternative dispute resolution. What’s wrong with conflict resolution? Why aren’t more individuals and organizations using conflict resolution when they have a problem? Why doesn’t the public know more about it? What are the limits of conflict resolution? When does conflict resolution work and when does it not? Offering a committed practitioner’s critique of the profession of mediation, arbitration, and alternative dispute resolution, Beyond Neutrality focuses on the current crisis in the field of conflict resolution and offers a pragmatic response.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Island Disputes and Maritime Regime Building in East Asia

Author : Min Gyo Koo
Publisher : Springer Science & Business Media
ISBN 13 : 0387896708
Total Pages : 217 pages
Book Rating : 4.3/5 (878 download)

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Book Synopsis Island Disputes and Maritime Regime Building in East Asia by : Min Gyo Koo

Download or read book Island Disputes and Maritime Regime Building in East Asia written by Min Gyo Koo and published by Springer Science & Business Media. This book was released on 2009-09-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: islands has emotional content far beyond any material significance because giving way on the island issue to Japan would be considered as once again compromising the sovereignty over the whole Korean peninsula. For Japan, the Dokdo issue may lack the same degree of strategic and economic values and emotional appeal as the other two territorial disputes that Japan has had with Russia and the two Chinas – namely the Northern Territories/Southern Kurile Islands and the Senkaku Islands, respectively. Nevertheless, fishing resources and the maritime boundary issues became highly salient with the introduction of UNCLOS. Also, the legal, political, and economic issues surrounding Dokdo are all intertwined with Japan’s other territorial disputes to the extent that concessions of sovereignty on any of these island disputes could jeopardize claims or negotiations concerning the rest. South Korea and Japan have forged a deeper diplomatic and economic partn- ship over the past decade. A new spirit of partnership after the landmark joint declaration of 1998 culminated in the successful co-hosting of the World Cup 2002. At the end of 2003 the two neighbors began to negotiate an FTA to further strengthen their already close economic ties. South Korea’s decades-long embargo on Japanese cultural products has now been lifted, while a number of South Korean pop stars are currently sweeping across Japan, creating the so-called “Korean Wave” fever. A pragmatic calculation of national interests would thus suggest cooperative behavior.

Dokdo

Author : Seokwoo Lee
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004193383
Total Pages : 267 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Dokdo by : Seokwoo Lee

Download or read book Dokdo written by Seokwoo Lee and published by Martinus Nijhoff Publishers. This book was released on 2011-01-11 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utilizing perspectives from international law, international relations, and history, this volume provides a balanced perspective on territorial disputes in Northeast Asia highlighting the issue of Dokdo which is disputed between Korea and Japan.

Territorial Disputes and Their Resolution

Author : Beth A. Simmons
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Territorial Disputes and Their Resolution by : Beth A. Simmons

Download or read book Territorial Disputes and Their Resolution written by Beth A. Simmons and published by . This book was released on 1999 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cross-Border Resource Management

Author : Rongxing Guo
Publisher : Elsevier
ISBN 13 : 008046081X
Total Pages : 301 pages
Book Rating : 4.0/5 (84 download)

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Book Synopsis Cross-Border Resource Management by : Rongxing Guo

Download or read book Cross-Border Resource Management written by Rongxing Guo and published by Elsevier. This book was released on 2005-07-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is about the management of natural and environmental resources in cross-border areas. It explores a group of geographical, political, legal, economic and cultural factors that arise when political units (such as sovereign countries, dependent states and other administrative units) seek to utilize natural and environmental resources efficiently and equitably while minimizing the resultant damages (for example, prevention of resource degradation and preservation of the physical environment). * Examines various types of cross-border areas at both international and sub-national levels throughout the world as well as their geographical, political, economic and cultural influences on the cross-border resource management * Uses the latest international and area data, resulting in new findings for cross-border environmental activities * Contains a large number of case studies throughout the world including four in-depth case studies of cross-border resource management

Beyond Frozen Conflict

Author : Thomas de Waal
Publisher : Rowman & Littlefield
ISBN 13 : 1538144182
Total Pages : 124 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Beyond Frozen Conflict by : Thomas de Waal

Download or read book Beyond Frozen Conflict written by Thomas de Waal and published by Rowman & Littlefield. This book was released on 2020-09-23 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: The five unresolved separatist conflicts of the post-Soviet space in Eastern Europe are the biggest risk to Europe’s stability and security. Four of these – Abkhazia, South Ossetia in Georgia, Transnistria in Moldova, and Nagorny Karabakh contested between Armenia and Azerbaijan – date back to around the collapse of the Soviet Union in 1991-2, and became called ‘frozen conflicts’. The fifth is Ukraine’s Donbas, which in 2014 saw large parts of its Donetsk and Luhansk regions violently separate from Kyiv at a cost of 13,000 human lives so far, due crucially to Russia’s supporting hybrid warfare there. This book is the first to give an up-to-date account of all five conflicts in an analytically consistent manner. It charts new territory in exploring systematically a full range of scenarios for the possible future of all five conflicts and offers a basis of sound information for officials, diplomats, scholars and the general public.

Regional Disorder

Author : Sarah Raine
Publisher : Routledge
ISBN 13 : 1351224042
Total Pages : 182 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Regional Disorder by : Sarah Raine

Download or read book Regional Disorder written by Sarah Raine and published by Routledge. This book was released on 2017-10-03 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: China‘s rise casts a vast and uncertain shadow over the regional balance of power in the Asia Pacific, and nowhere is this clearer than in the South China Sea. The significance of the fraught territorial disputes in this potentially resource-rich sea extends far beyond the small groupings of islands that are at their heart, and into the world of great-power politics. As the struggle for hegemony between the US and China intersects with the overlapping aspirations of emerging, smaller nations, the risk of escalation to regional conflict is real. Christian Le Mi and Sarah Raine cut through the complexities of these disputes with a clear-sighted, and much-needed, analysis of the assorted strategies deployed in support of the multiple and competing claims in the SCS. They make a compelling case that the course of these disputes will determine whether the regional order in Southeast Asia is one of cooperation, or one of competition and even conflict.

Beyond Winning

Author : Robert H. Mnookin
Publisher : Harvard University Press
ISBN 13 : 0674504100
Total Pages : 369 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Beyond Winning by : Robert H. Mnookin

Download or read book Beyond Winning written by Robert H. Mnookin and published by Harvard University Press. This book was released on 2004-04-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.