Suchergebnisse

Examines the Antarctic Treaty, international cooperation in scientific research, territorial sovereignty, national security, and environmental protection issues.

The law of the sea and South East Asia / Donald R. Rothwell and David Letts -- Maritime claims in South East Asia / Donald R. Rothwell -- An incomplete maritime map : progress and challenges in the delimination of maritime boundaries in South East Asia / Clive Schofield -- Maritime security in South East Asia / David Letts -- Advancing marine environmental security in South East Asia : challenges and opportunities / Robin Warner -- Climate change and the law of the sea in the Asia Pacific / Karen N. Scott -- The limits of the natural state doctrine : rocks, islands and artificial intervention in a changing world / Imogen Saunders -- The Law of the Sea, status and message ambiguity / Rob McLaughlin -- The United Nations Convention on the Law of the Sea in South East Asia : smooth sailing or stormy seas? / Tim Stephens -- 'Do as I do, not as I say' -- navigational freedom and the Law of the Sea Commission / Dale Stephens and Timothy Quadrio -- Regimes of navigation and maritime security in South East Asia / Hitoshi Nasu -- Crossing the Rubicon : Singapore's evolving relations with China in the context of the 2016 arbitral award / See Seng Tan -- Saving the South China Sea fishery / Marina Tsirbas -- Dispute resolution and the law of the sea following the South China Sea arbitration / Natalie Klein -- Challenges for the law of the sea in South East Asia : resolving current controversies and addressing horizon threats / David Letts and Donald R. Rothwell.

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.

Rules of jurisdiction and immunity are central to public international law, and equally vital to the United Nations Convention on the Law of the Sea (LOSC). The LOSC established an extensive framework to regulate legislative and enforcement jurisdiction over ocean space; one that has proven to be remarkably durable, despite lingering uncertainties in the compromise reached between coastal and maritime states. State practice diverging from the LOSC's jurisdictional scheme has been isolated and infrequent, and the scheme has been strengthened and elaborated by regional and global treaties addressing contemporary oceans governance challenges, especially in the arenas of pollution control and fisheries management. As the LOSC turns thirty, a key challenge will be keeping in check the designs of coastal states over adjacent maritime space as they look seawards to address pressing concerns of resource, food, energy and environmental security.

Recently increased tensions across East Asia over territorial and maritime disputes show glimpses of brinkmanship. However, the past experiences of Western colonization and Japan's imperialism within the region add complexity to those disputes challenging our understanding of legal debates surrounding territorial and maritime disputes. This article examines the extent to which the relevant rules of international law are capable of providing "justice" by accommodating the unique historical contexts in the region in settling highly politically sensitive territorial and maritime claims. It finds that the existing rules of international law are more than capable of accommodating the peculiar historical contexts of East Asia in the resolution of territorial and maritime disputes, whilst acknowledging that certain ambiguities in the law are contributing to some of the current tensions that have arisen over these disputes.

Rules of jurisdiction and immunity are central to public international law, and equally vital to the United Nations Convention on the Law of the Sea (LOSC). The LOSC established an extensive framework to regulate legislative and enforcement jurisdiction over ocean space; one that has proven to be remarkably durable, despite lingering uncertainties in the compromise reached between coastal and maritime states. State practice diverging from the LOSC's jurisdictional scheme has been isolated and infrequent, and the scheme has been strengthened and elaborated by regional and global treaties addressing contemporary oceans governance challenges, especially in the arenas of pollution control and fisheries management. As the LOSC turns thirty, a key challenge will be keeping in check the designs of coastal states over adjacent maritime space as they look seawards to address pressing concerns of resource, food, energy and environmental security.

Recently increased tensions across East Asia over territorial and maritime disputes show glimpses of brinkmanship. However, the past experiences of Western colonization and Japan's imperialism within the region add complexity to those disputes challenging our understanding of legal debates surrounding territorial and maritime disputes. This article examines the extent to which the relevant rules of international law are capable of providing "justice" by accommodating the unique historical contexts in the region in settling highly politically sensitive territorial and maritime claims. It finds that the existing rules of international law are more than capable of accommodating the peculiar historical contexts of East Asia in the resolution of territorial and maritime disputes, whilst acknowledging that certain ambiguities in the law are contributing to some of the current tensions that have arisen over these disputes.

Intro -- Cover -- Title Page -- Acknowledgements -- Preface to the Third Edition -- Contents -- List of Abbreviations -- List of Tables and Figures -- Tables of Cases -- Tables of Treaties -- 1. The History and Sources of the International Law of the Sea -- I. Introduction -- II. Historical Development of the International Law of the Sea -- A. The Grotian View of the Oceans -- B. The Freedom of the Sea and Territorial Sea Claims -- C. 1930 Hague Conference -- D. Truman Proclamation -- III. Work of the International Law Commission -- IV. The First United Nations Conference on the Law of the Sea and the Geneva Conventions -- V. The Second United Nations Conference on the Law of the Sea -- VI. The Third United Nations Conference on the Law of the Sea -- A. Claims to New Maritime Zones in the 1960s -- B. The Regime of the Deep Seabed -- C. UNCLOS III Conference Dynamics -- D. The United States Position on Common Heritage and the Deep Seabed -- VII. The United Nations Convention on the Law of the Sea -- A. Core Provisions -- B. Entry into Force -- C. 1994 Implementing Agreement -- D. 1995 Fish Stocks Agreement -- VIII. Institutional Frameworks -- IX. Sources of the International Law of the Sea -- A. Customary International Law -- B. Treaties and Conventions -- C. Unilateral Declarations -- D. Subsidiary Sources of Law -- E. Soft Law -- X. Review and Reform of the International Law of the Sea -- XI. Further Reading -- 2. Coastal Waters -- I. Introduction -- II. History -- III. Baselines -- A. The Anglo-Norwegian Fisheries Case -- B. International Law Commission -- i. International Law Commission Draft Articles -- C. UNCLOS I -- D. Convention on the Territorial Sea and Contiguous Zone -- E. Post-UNCLOS I State Practice -- F. LOSC -- IV. Key Issues in the Delimitation of Coastal Waters -- A. Low-Water -- B. Straight Baselines -- C. Low-Tide Elevations.

The sea change towards principled oceans governance / Donald R. Rothwell and David L. VanderZwaag -- Beyond the buzzwords : a perspective on integrated coastal and ocean management in Canada / Aldo Chircop and Larry Hildebrand -- Operationalizing integrated coastal and oceans management in Australia : the challenges / Veronica Sakell -- The application of compliance and enforcement strategies on Canada's Pacific coast / Francois Bailet, Janna Cumming, and Ted L. McDorman -- Integrated maritime enforcement and compliance in Australia / Sam Bateman. [et al.] -- Canada and the precautionary principle/approach in ocean and coastal management : wading and wandering in tricky currents / David L. VanderZwaag, Susanna D. Fuller, and Ransom A. Myers -- Australia and the precautionary principle : moving from international principles to domestic and local implementation / Lorne K. Kriwoken, Liza D. Fallon, and Donald R. Rothwell -- Marine ecosystem management : is the whole greater than the sum of the parts? / Bruce G. Hatcher and Roger H. Bradbury -- Ecosystem bill of rights / Richard J. Beamish and Chrys-Ellen M. Neville -- Community involvement in marine and coastal management in Australia and Canada / Marian Binkley. [et al.] -- Aboriginal title and oceans policy in Canada / Dianna Ginn -- Canada's seas and her first nations : a colonial paradigm revisited / Russ Jones -- Indigenous rights in the sea : the law and practice of native title in Australia / Geoff Clark -- Aboriginal peoples and ocean policy in Australia : an indigenous perspective / Rodney Dillon -- The challenge of international oceans governance : institutional, ethical, and conceptual dilemmas / Douglas M. Johnston.

The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends