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




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.




Beyond Territorial Disputes in the South China Sea


Book Description

'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea. The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development. Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.







China's Policy Towards the South China Sea


Book Description

This book provides an explanation of Chinese policy towards the South China Sea, and argues that this has been sculpted by the changing dynamics of the law of the sea in conjunction with regional geopolitical flux. The past few decades have witnessed a bifurcated trend in China's management of territorial disputes. Over the years, while China gradually calmed and settled most land-border disputes with its neighbors, disputes on the ocean frontier continued to simmer in a seething cauldron. China's Policy towards the South China Sea attributes the distinctive path of China's approach to maritime disputes to a unique factor - the law of the sea (LOS) as the "rules of the road" in the ocean. By deconstructing the concept of "sovereignty" and treating the LOS as an evolving regime, the book examines how the changing dynamics of the LOS regime have complicated and reshaped the nature and content of sovereign disputes in the ocean regime as well as the options of settlement. Applying the findings to the South China Sea case, the author traces the learning curve on which China has embarked to comprehend the complexity of the dispute accordingly and finds that it is the dynamic interaction of the law of the sea regime and the geopolitical conditions that has driven the evolution of China's South China Sea policy. This book will be of great interest to students of Chinese and Asian politics, international law, international relations and security studies.




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


Book Description

China’s rise has upset the global balance of power, and the first place to feel the strain is Beijing’s back yard: the South China Sea. For decades tensions have smoldered in the region, but today the threat of a direct confrontation among superpowers grows ever more likely. This important book is the first to make clear sense of the South Sea disputes. Bill Hayton, a journalist with extensive experience in the region, examines the high stakes involved for rival nations that include Vietnam, India, Taiwan, the Philippines, and China, as well as the United States, Russia, and others. Hayton also lays out the daunting obstacles that stand in the way of peaceful resolution. Through lively stories of individuals who have shaped current conflicts—businessmen, scientists, shippers, archaeologists, soldiers, diplomats, and more—Hayton makes understandable the complex history and contemporary reality of the South China Sea. He underscores its crucial importance as the passageway for half the world’s merchant shipping and one-third of its oil and gas. Whoever controls these waters controls the access between Europe, the Middle East, South Asia, and the Pacific. The author critiques various claims and positions (that China has historic claim to the Sea, for example), overturns conventional wisdoms (such as America’s overblown fears of China’s nationalism and military resurgence), and outlines what the future may hold for this clamorous region of international rivalry.




UN Convention on the Law of the Sea and the South China Sea


Book Description

UN Convention on the Law of the Sea and the South China Sea covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.