ASEAN and the Law of the Sea


Book Description

"An important contribution to the dearth of literature of ASEAN and the law of the sea, this book is the result of extensive research by Dr. Tangsubkul, an international law specialist. The contents are divided into two broad areas. The first section on the evolution of the geo-juridical nature of ocean space appropriation by coastal states and ASEAN states covers: Claims of ASEAN states relating to the law of the sea: a historical survey; Individual approaches and claims of ASEAN countries on the emerging trends in the law of the sea; The special problems of passage through archipelagic waters and straits used for international navigation. The second section on problems relating to jurisdiction and rights over living and non-living resources of ASEAN countries covers: Fishery development in individual ASEAN countries; Problems of ASEAN vis-à-vis fishing resources; Status of development of petroleum and gas in individual ASEAN states; Law and practice relating to the jurisdiction and rights over non-living resources in ocean areas adjacent to ASEAN states; Problems and potential conflict involving off-shore exploration and exploitation of oil and gas."--P. [4] of cover.




Piracy and International Maritime Crimes in ASEAN


Book Description

ÔThis book makes an important contribution to the legal literature not only for the ASEAN region but also for the world at large. Both editors, Robert Beckman and J. Ashley Roach, are highly knowledgeable and experienced in the international law pertaining to piracy and international crimes. The chapters they write combined with perspectives by authors from Greece, Sweden, Singapore, Philippines and elsewhere provide a broad but detailed review of the current law and policy as well as remaining challenges.Õ Ð Myron H. Nordquist, University of Virginia School of Law, US ÔThis book is an outstanding analysis of piracy and maritime crimes in the ASEAN region edited by two world-class law of the sea experts. It is must reading for anyone seriously interested in ending the scourge of piracy.Õ Ð John Norton Moore, University of Virginia and former United States Law of the Sea Ambassador ÔI can confidently say that this is the best book on the legal dimension of the problem of piracy in general, and of piracy in Southeast Asia and off the coast of Somalia in particular, and what we can do about it. Robert Beckman and Ashley Roach are two of the finest minds working in international law today. They have brought their knowledge and sharp analytical skills to edit a book of great relevance to the world's shipping industry, IMO, ASEAN and international lawyers and law enforcement agencies.Õ Ð Tommy Koh, United Nations Convention on the Law of the Sea Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea.




The Oxford Handbook of International Law in Asia and the Pacific


Book Description

This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived




ASEAN International Law


Book Description

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.




Maritime Order and the Law in East Asia


Book Description

Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.




Unresolved Border, Land and Maritime Disputes in Southeast Asia


Book Description

Unresolved Border, Land and Maritime Disputes in Southeast Asia, edited by Alfred Gerstl and Mária Strašáková, sheds light on various unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region. The authors, academics from Europe and East Asia, particularly address the territorial disputes in the South China Sea and those between Vietnam and Cambodia and Thailand and Cambodia. They apply International Relations theories in a wider regional and comparative perspective. The empirical analyses are embedded in a concise theoretical discussion of the principles of sovereignty, territorial integrity and borders. Furthermore, the book discusses the role of the Association of Southeast Asian Nations (ASEAN) and other multi-track mechanisms in border conflict mediation. Contributors are: Petra Andělová, Alica Kizeková, Filip Kraus, Josef Falko Loher, Padraig Lysaght, Jörg Thiele, Richard Turcsányi, Truong-Minh Vu and Zdeněk Kříž.




Maritime Security in the Indo-Pacific


Book Description

In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.




The South China Sea Arbitration


Book Description

Bringing together leading experts on the law of the sea, The South China Sea Arbitrationprovides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons




Does ASEAN Matter?


Book Description

Written by the highly regarded diplomat Marty Natalegawa, former ambassador and foreign minister of Indonesia, this book offers a unique insider-perspective on the present and future relevance of ASEAN. It is about ASEAN’s quest for security and prosperity in a region marked by complex dynamics of power. Namely, the interplay of relations and interests among countries — large and small — which provide the settings within which ASEAN must deliver on its much-cited leadership and centrality in the region. The book seeks to answer the following questions: How can ASEAN build upon its past contributions to the peace, security and prosperity of Southeast Asia, to the wider East Asia, the Asia-Pacific and the Indo-Pacific regions? More fundamentally and a sine qua non, how can ASEAN continue to ensure that peace, security and prosperity prevail in Southeast Asia? And, equally central, how can ASEAN become more relevant to the peoples of ASEAN, such that its contributions can be genuinely felt in making better the lives of its citizens?




The Legal Authority of ASEAN as a Security Institution


Book Description

Provides a fresh perspective on ASEAN's role for regional security in Southeast Asia.