This study provides political and economic analyses of current controversies in the South China Sea. It examines enduring territorial disputes, competing maritime claims, and the historical roots of regional mistrust. It also analyzes how such antagonisms affect the regional security structure and offers solutions to resolve the conflicts.
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Conference paper. Potential and existing problems not only in resource management, but also in marine scientific research, delimitation of maritime boundaries, transboundary pollution, and the peaceful settlement of maritime disagreements.
The judiciary and the law of maritime delimitation : setting the stage / Alex G. Oude Elferink, Tore Henriksen, Signe V. Busch -- The delimitation of the territorial sea, the continental shelf and the eez : a comparative perspective / Davor Vidas -- Entitlement to maritime zones and their delimitation : in the doldrums of uncertainty and unpredictability / Nuno Marques Antunes and Vasco Becker-Weinberg -- The applicable law : the geneva convention on the continental shelf, the losc and customary international law / Donald McRae -- Provisional measures and provisional arrangements / Natalie Klein -- The role of equity, equitable principles and the equitable solution in maritime delimitation / Lucie Delabie -- Relevant coasts and relevant area : the difficulty of developing general concepts in a case-specific context / Alex G. Oude Elferink -- The provisional equidistance line : charting a course between objectivity and subjectivity / Coalter Lathrop -- Relevant circumstances / Malcolm Evans -- The case law's handling of issues concerning third states / Naomi Burke O'Sullivan -- The disproportionality test in the law of maritime delimitation / Yoshifumi Tanaka -- The delimitation of the continental shelf beyond 200 nm : procedural issues / Signe V. Busch -- The delimitation of the continental shelf beyond 200 nm : substantive issues / Øystein Jensen -- Conclusions : taking stock and looking ahead / Alex G. Oude Elferink, Tore Henriksen, Signe V. Busch
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"International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law"--
The Continental Shelf Delimitation Beyond 200 Nautical Miles provides an up-to-date and informed analysis of the now fast developing, yet confusing, field of the law of maritime delimitation. It examines the procedural matters in relation to the competence of international courts and tribunals in the light of the institutional framework of the United Nations Convention on the Law of the Sea and discusses the methodological questions arising out of the delimitation process. The book engages with the key concepts of maritime entitlement, delineation and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles. Essentially, it argues that the delimitation of the continental shelf will be unified with existing maritime delimitation, and a common approach to maritime boundary-making within and beyond 200 nautical miles is likely to emerge.
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Latin American conflicts have been proliferating in recent years, and have been aggravated by a regionwide trend towards militarization. Unfortunately, insufficient attention has been given to maritime aspects of Latin American geopolitical conflicts. This paper aspires to help correct this deficiency
Status of existing international land boundaries of the world -- Status of claims for international maritime boundaries of the world -- Status of ICJ jurisdictions for the existing countries -- Ethnic, linguistic and religious characteristics of the world
"Combining practical and theoretical approaches, this book addresses the political, legal and economic implications of maritime disputes in East Asia. The maritime disputes in East Asia have multiplied over the past few years, in parallel with the economic growth of the countries in the region, the rise of nationalist movements, fears and sometimes fantasies regarding the emergence of the People's Republic of China (PRC) as a global power, increasing military expenses, as well as speculations regarding the potential resources in various disputed islands. These disputes, however, are not new and some have been the subject of contention and the cause of friction for decades, if not centuries in a few cases. Offering a robust analysis, this volume explores disputes through the different lenses of political science, international law, history, and geography, and introduces new approaches in particular to the four important disputes concerning Dokdo/Takeshima, Senkaku/Diaoyu, Paracels and Spratlys. Utilising a comparative approach, this book identifies transnational trends that occur in the different cases and, therefore, at the regional level, and aims to understand whether the resurgence of maritime disputes in East Asia may be studied on a case by case basis, or should be analysed as a regional phenomenon with common characteristics. This book will be of interest to students of Asian Politics, Maritime Security, International Security, Geopolitics and International Relations in general"--Provided by publisher.
Using the concept of boundaries, physical and cultural, to understand the development of China's maritime southeast in late Imperial times, these linked essays by a senior scholar challenge the usual readings of Chinese history from the centre. The book begins with the boundaries between "us" and "them", Chinese and other, during this period, including the rise of state systems. It looks at the challenges to such demarcations posed by movements of people, goods and ideas across maritime East Asia and the broader Asian Seas, and builds a fresh understanding of China's boundaries. Of interest to students of migration, of Chinese history, and of relations between China and its region, Ng's analysis provides crucial background to understanding China within Asia's maritime world. The result is a novel way of approaching Chinese history, argued from a fresh perspective on China's relations with neighbouring territories, and of the nature of tradition and its persistence in a changing world.
How are China's ongoing sovereignty disputes in the East and South China Seas likely to evolve? Are relations across the Taiwan Strait poised to enter a new period of relaxation or tension? How are economic interdependence, domestic public opinion, and the deterrence role played by the US likely to affect China's relations with its counterparts in these disputes? Although territorial disputes have been the leading cause for interstate wars in the past, China has settled most of its land borders with its neighbours. Its maritime boundaries, however, have remained contentious. This book examines China's conduct in these maritime disputes in order to analyse Beijing's foreign policy intentions in general. Rather than studying Chinese motives in isolation, Steve Chan uses recent theoretical and empirical insights from international relations research to analyse China's management of its maritime disputes
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The Continental Shelf Delimitation Beyond 200 Nautical Miles provides an up-to-date and informed analysis of the now fast developing, yet confusing, field of the law of maritime delimitation. It examines the procedural matters in relation to the competence of international courts and tribunals in the light of the institutional framework of the United Nations Convention on the Law of the Sea and discusses the methodological questions arising out of the delimitation process. The book engages with the key concepts of maritime entitlement, delineation and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles. Essentially, it argues that the delimitation of the continental shelf will be unified with existing maritime delimitation, and a common approach to maritime boundary-making within and beyond 200 nautical miles is likely to emerge.
"How are China's ongoing sovereignty disputes in the East and South China Seas likely to evolve? Are relations across the Taiwan Strait poised to enter a new period of relaxation or tension? How are economic interdependence, domestic public opinion, and the deterrence role played by the US likely to affect China's relations with its counterparts in these disputes? Although territorial disputes have been the leading cause for interstate wars in the past, China has settled most of its land borders with its neighbours. Its maritime boundaries, however, have remained contentious. This book examines China's conduct in these maritime disputes in order to analyse Beijing's foreign policy intentions in general. Rather than studying Chinese motives in isolation, Steve Chan uses recent theoretical and empirical insights from international relations research to analyse China's management of its maritime disputes"--
Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.
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