Maritime Delimitation as a Judicial Process


Book Description

The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.




Maritime Delimitation and Interim Arrangements in North East Asia


Book Description

This work will be a useful guide for those who look for rules and practice on the relations between neighboring States in the absence of maritime boundaries. The main question the author is trying to tackle is how to handle the relations between neighboring coastal States when there is no maritime boundary in place. This book attempts to clarify the legal issues of exploitation of oil, gas and fisheries resources, and jurisdictional conflicts with regard to marine scientific research and protection of the marine environment in disputed areas. This book shows numerous instances of provisional arrangements in disputed areas around the globe together with as many as forty-five valuable maps. The author, a scholar and diplomat of Korea, gives an up-to-date and in-depth analysis of the complicated legal issues of maritime delimitation and provisional arrangements in North East Asia. The English texts of the provisional arrangements in the region annexed to the book are also valuable materials.







New Knowledge and Changing Circumstances in the Law of the Sea


Book Description

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.




Maritime Disputes in Northeast Asia


Book Description

In Maritime Disputes in Northeast Asia: Regional Challenges and Cooperation, Suk Kyoon Kim provides an important multidisciplinary perspective on maritime disputes in one of the most dynamic areas of the world: Northeast Asia, a region of divergent political and economic systems where the legacy of a tumultuous past continues to overshadow current events. The text highlights maritime issues on the Korean Peninsula and extends an analytical eye to neighboring China, Japan and Russia. Kim explores in-depth the factors and issues at stake with complex maritime disputes, focusing on maritime boundary delimitation, territory, energy resources, fishery, marine pollution, and security and safety. This volume provides a timely international law perspective informed by an intricate historical, political, and socio-economic context, while offering a vision for future cooperation.




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.




A Practitioner's Guide to Maritime Boundary Delimitation


Book Description

This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.




Stress Testing the Law of the Sea


Book Description

In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.




Law of the Sea in East Asia


Book Description

Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.