Major Law and Policy Issues in the South China Sea


Book Description

Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.




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




The International Law of the Sea


Book Description

This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.




Military Engagement


Book Description

The response of an autocratic nation's armed forces is crucial to the outcome of democratization movements throughout the world. But what exact internal conditions have led to real-world democratic transitions, and have external forces helped or hurt? Here, experts with military and policy backgrounds, some of whom have played a role in democratic transitions, present instructive case studies of democratic movements. Focusing on the specific domestic context and the many influences that have contributed to successful transitions, the authors write about democratic civil-military relations in fourteen countries and five world regions. The cases include Argentina, Chile, El Salvador, Egypt, Hungary, Indonesia, Lebanon, Nigeria, Philippines, Senegal, South Africa, Spain, Syria, and Thailand, augmented by regional overviews of Asia, Europe, Latin America, North Africa and the Middle East, and sub-Saharan Africa. Contributors: Richard Akum (Council for the Development of Social Sciences in Africa), Ecoma Alaga (African Security Sector Network), Muthiah Alagappa (Institute of Security and International Studies, Malaysia), Suchit Bunbongkarn (Institute of Security and International Studies, Thailand), Juan Emilio Cheyre (Center for International Studies, Catholic University of Chile), Biram Diop (Partners for Democratic Change—African Institute for Security Sector Transformation, Dakar), Raymundo B. Ferrer (Nickel Asia Corporation), Humberto Corado Figueroa (Ministry of Defense, El Salvador), Vilmos Hamikus (Ministry of Foreign Affairs, Hungary), Julio Hang (Argentine Council for International Relations), Marton Harsanyi (Stockholm University), Carolina G. Hernandez (University of the Philippines; Institute for Strategic and Development Studies), Raymond Maalouf (Defense expert, Lebanon), Tannous Mouawad (Middle East Studies, Lebanon), Matthew Rhodes (George C. Marshall European Center for Security Studies), Martin Rupiya (African Public Policy and Research I







Assessing Maritime Disputes in East Asia


Book Description

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.




In the Wake of Arbitration


Book Description

The Center for Strategic and International Studies (CSIS) hosted its sixth annual South China Sea conference in July 2016. The conference provided four panels of highly respected experts from 10 countries with a first opportunity to assess the results of the UN Convention on the Law of the Sea tribunal ruling and begin to measure its impact. This report contains papers by 10 of the panelists, providing a wide array of perspectives on the political, legal, military, and environmental outlook for the South China Sea in 2016.




South China Sea Lawfare


Book Description

South China Sea Lawfare: Post-Arbitration Policy Options and Future Prospects is the second of two reports in the series published by the South China Sea Think Tank. Published shortly after the tribunal issued its final award in the Philippines v. China arbitration case in July 2016, the report is the result of a collaborative effort by an international team of authors and incorporates the diverse perspectives of claimants and non-claimant stakeholders in the South China Sea maritime territorial disputes.




Ocean Law and Policy


Book Description

In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.




Maritime Issues in the South China Sea


Book Description

South China Sea (SCS) issues are complex and dynamic, ranging from historic claims to present day military occupation, from military security to regional stability, from rhetorical appeasements to national interests, from intraregional competition to extraregional involvement. The submissions made in 2009 by several Southeast Asian states to the United Nations Commission on the Limits of the Continental Shelf (CLCS) respecting outer limits of extended continental shelves beyond 200 nautical miles in the South China Sea resulted in renewed attention to the maritime disputes over the insular features and the waters of the South China Sea among several claimant States. Questions have resurfaced about the future of cooperation in the region. Furthermore, the improvement of cross-Strait relations between Taiwan and China after 2008 has added a new element to the evolution of South China Sea issues. This book describes these recent developments in depth and provides an examination of possible future developments in the South China Sea. The articles in this book were originally published as special sections in Ocean Development & International Law.