The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands


Book Description

In 2002, ASEAN made history when two of its founder members—Indonesia and Malaysia—amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice (ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes. As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties. “An invaluable account of the dispute between Malaysia and Indonesia over the Sipadan and Ligitan Islands. Written skilfully by a historian who is in clear command of the facts. Highly recommended for anyone who wishes to understand border disputes in Southeast Asia.”—Professor James Chin, Director, Asia Institute, University of Tasmania







Philippine Materials in International Law


Book Description

The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.




The Spratly Islands and International Law


Book Description

"In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation.




The Significance of Everyday Access to Justice in Myanmar’s Transition to Democracy


Book Description

Legal pluralism in Myanmar is a reality that is not sufficiently recognized. A lack of recognition of and clear mandates for the informal justice providers, along with the absence of coordination between these providers and the judiciary, present critical challenges to local dispute resolution and informal legal systems. This results in a high level of unpredictability and insecurity concerning the justice outcomes and in the underreporting of cases. The lack of jurisdictional clarity represents an even greater challenge in areas of mixed control and where numerous armed actors are present. Discussion of reform of the justice sector in Myanmar and debates surrounding peace negotiations and the role of the ethnic armed groups in service provision are separated. This situation reinforces the divide between ceasefire areas and the rest of the country and raises concern that the improvement of justice systems will leave conflict-affected populations behind. Recognition of and support for community-based dispute resolution are crucial to reducing the escalation of conflict at the local level. Justice systems like those of ethnic armed groups can contribute significantly to stability and order at times when the official system has limited territorial reach and is mistrusted by civilians.




Encyclopedia of Ocean Law and Policy in Asia-Pacific


Book Description

The Encyclopedia of Ocean Law and Policy in Asia-Pacific provides a detailed snapshot of the contemporary and historic ocean law and policy of numerous states across the region, from the perspective of regional authors and utilizing a consistent subject outline to promote comparative research.







Contemporary Conflicts in Southeast Asia


Book Description

This book looks at major contemporary conflicts —intra and interstate— in Southeast Asia from a conflict management perspective. Starting with the view that the conventional ASEAN conflict-management methods have ceased to be effective, it looks for new conflict-management patterns and trends by investigating seven contemporary cases of conflict in the region. Focusing on the incompatibilities involved in each case and examining how they have been managed—whether by integration, co-existence, elimination or maneuvering around the conflict—the book sheds new light on the significance of managing conflict in achieving and maintaining the stability of the Southeast Asian region. It makes a significant theoretical contribution to the field of peace and conflict studies by proposing the concept of “mediation regime” as the key to understanding current conflict management within ASEAN.




The International Court of Justice


Book Description

An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.




The Sulu Zone, 1768-1898


Book Description

"First published in 1981, ""The Sulu Zone"" has become a classic in the field of Southeast Asian History. The book deals with a fascinating geographical, cultural and historical ""border zone"" centred on the Sulu and Celebes Seas between 1768 and 1898, and its complex interactions with China and the West. The author examines the social and cultural forces generated within the Sulu Sultanate by the China trade, namely the advent of organized, long distance maritime slave raiding and the assimilation of captives on a hitherto unprecedented scale into a traditional Malayo-Muslim social system. How entangled commodities, trajectories of tastes, and patterns of consumption and desire that span continents linked to slavery and slave raiding, the manipulation of diverse ethnic groups, the meaning and constitution of ""culture, "" and state formation? James Warren responds to this question by reconstructing the social, economic, and political relationships of diverse peoples in a multi-ethnic zone of which the Sulu Sultanate was the centre, and by problematizing important categories like ""piracy"", ""slavery"", ""culture"", ""ethnicity"", and the ""state"". His work analyzes the dynamics of the last autonomous Malayo-Muslim maritime state over a long historical period and describes its stunning response to the world capitalist economy and the rapid ""forward movement"" of colonialism and modernity. It also shows how the changing world of global cultural flows and economic interactions caused by cross-cultural trade and European dominance affected men and women who were forest dwellers, highlanders, and slaves, people who worked in everyday jobs as fishers, raiders, divers or traders. Often neglected by historians, the response of these members of society are a crucial part of the history of Southeast Asia."--