unclos and ocean dispute settlement law and politics in the south china sea

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Unclos And Ocean Dispute Settlement

Author : Nong Hong
ISBN : 9780415505277
Genre : Law
File Size : 26. 74 MB
Format : PDF
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"The adoption of United Nations Convention on the Law of the Sea (UNCLOS) in 1982 has led to a period of relative stability in the law of the sea. The Convention offers a legal framework for the sustainable development of the oceans and its natural resources. However, especially in recent times there have been calls to amend the Convention due to some ambiguous provisions which are unable to address many contemporary maritime issues. 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 examines how the emphasis on sovereignty, contention on energy, significance of the geographic location, threat to maritime security, overlapping maritime claims caused by the new established maritime regimes authorized by UNCLOS are all sources of the SCS dispute. 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. Nong Hong suggests practical mechanisms to solve the dispute and offers conclusions on the effectiveness of UNCLOS for settling disputes"--

Power Law And Maritime Order In The South China Sea

Author : Tran Truong Thuy
ISBN : 9781498512770
Genre : History
File Size : 56. 8 MB
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With contributions from some of the most well-known scholars and knowledgeable insiders in the field of South China Sea studies, this book offers an array of views from international relations and legal perspectives that will help enrich the ongoing global discussion on conflict management and resolution in the South China Sea.

China S Policy Towards The South China Sea

Author : Lingqun Li
ISBN : 9781351657365
Genre : History
File Size : 34. 13 MB
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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.

The South China Sea Arbitration

Author : Stefan Talmon
ISBN : 9781782256175
Genre : Law
File Size : 64. 28 MB
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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.

Un Convention On The Law Of The Sea And The South China Sea

Author : Shicun Wu
ISBN : 9781317005629
Genre : Political Science
File Size : 46. 96 MB
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Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book 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, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. 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.

The South China Sea Maritime Dispute

Author : Leszek Buszynski
ISBN : 9781317935483
Genre : Social Science
File Size : 76. 63 MB
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The South China Sea is a major strategic waterway for trade and oil shipments to Japan, Korea as well as southern China. It has been the focus of a maritime dispute which has continued now for over six decades, with competing claims from China, Vietnam, the Philippines, Indonesia and Brunei. Recently China has become more assertive in pressing its claims – harassing Vietnamese fishing vessels and seizing reefs in the Philippine claim zone. China has insisted that it has "indisputable sovereignty" over the area and has threatened to enforce its claim. All of this is unsettling and draws in the United States which is concerned about freedom of navigation in the area. The US has been supporting the Philippines and has been developing security ties with Vietnam as a check upon China. This book examines the conflict potential of the current dispute, it discusses how the main claimants and the United States view the issue, and assesses the prospects for a resolution of the problem.

Beyond Territorial Disputes In The South China Sea

Author : Robert C. Beckman
ISBN : 9781781955949
Genre : Law
File Size : 53. 54 MB
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'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.

The South China Sea Disputes And Law Of The Sea

Author : S. Jayakumar
ISBN : 9781783477272
Genre : Law
File Size : 45. 70 MB
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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

Dangerous Ground

Author : Clarence J. Bouchat
ISBN : UCSD:31822039655451
Genre : Jurisdiction, Territorial
File Size : 45. 88 MB
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The Spratly Islands warrant better understanding by U.S. policymakers in order to discuss nuanced responses to the region's challenges. To attain that needed understanding, legal aspects of customary and modern laws are explored to analyze the differences between competing maritime and territorial claims and why and how the parties involved stake rival claims or maritime legal rights. Throughout the monograph, the policies of the United States are examined through its conflicted interests in the region. Recommendations for how the United States should engage these issues, a more appropriate task than trying to solve the disputes outright, are then offered.

Territorial Disputes In The South China Sea

Author : J. Huang
ISBN : 9781137463685
Genre : Political Science
File Size : 22. 99 MB
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Heightened tensions in the South China Sea have raised serious concerns about the dangers of conflict in this region as a result of unresolved, complex territorial disputes. This volume offers detailed insights into a range of country-perspectives, addressing the historical, legal, structural, regional and multilateral dimensions of these disputes

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