The Contested Maritime and Territorial Boundaries of Malaysia:An International Law Perspective


Book Description

Malaysia exemplifies boundary problems faced by most countries throughout Southeast Asia. This work studies the origins of Malaysian maritime and territorial disputes. The main text is divided into two parts: The first examines the maritime claims arising from the publication of the Malaysian map issued in 1979. The second analyses five territorial disputes between Malaysia and its neighbours. The Contested Maritime and Territorial Boundaries of Malaysia explores the country's overlapping maritime claims in the Straits of Malacca and Singapore, the Gulf of Thailand, the South China Sea, the Sulu Sea, and the Celebes Sea. A comprehensive examination of Malaysia's territorial disputes with Indonesia, Singapore, Brunei, the Philippines, China, and Taiwan follows, including coverage of the complicated matter of ownership over the Spratly Islands. A detailed look at the historical context demonstrates the longevity and complexity of the legal issues involved in the present disputes. The work scrutinizes the claims made under prevailing international law principles and examines the present level of dispute resolution. The first extensive study of its kind and an important addition to the International Boundary Studies Series, The Contested Maritime and Territorial Boundaries of Malaysia includes a chronological list of the main treaties, legislation, and related documents concerning the disputes discussed; an extensive bibliography of publications regarding the issues raised; and 23 maps, making it the most comprehensive reference work available on this subject.




International Organizations and the Law of the Sea 1998


Book Description

Now in its 14th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, Panama Canal, ECOSOC, UNEP and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1998 are reproduced, while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1992 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement on 28 July, 1996, and progress in the implementation of Chapter 17 of Agenda 21, make continuation of this assistance of particular significance in the years to come. Volume 14 contains Special Report by Editor-in-Chief Barbara Kwiatkowska on The Law-of-the-Sea-Related Cases in the International Court of Justice During the Presidency of Judge Stephen M. Schwebel (1997-2000). It explores the unique role of the ICJ as the principal judicial organ of the United Nations in the development of ocean affairs and the law of the sea, in the context of an ongoing follow-up to the Overall Review and Appraisal of the UNCED Agenda 21. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman and Shabtai Rosenne.




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




The IMLI Manual on International Maritime Law


Book Description

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.




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.




Predictability and Flexibility in the Law of Maritime Delimitation


Book Description

This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.




Cases and Materials on the Law of the Sea


Book Description

Cases and Materials on the Law of the Sea is a thoroughly up-to-date text that will be used both as a classroom course book and as a treatise and reference guide. The text contains engaging teaching materials that systematically introduce law of the sea topics, placing them in the context of important themes about the roles of international law and international legal process. Historical materials of continuing importance appear alongside new materials that address such topics as maritime terrorism and port security, the protection of underwater cultural heritage, marine sanctuaries, deep-sea vent resources, and the operation of the International Tribunal for the Law of the Sea and other new international organizations. Published under the Transnational Publishers imprint.




China's Maritime Boundaries in the South China Sea


Book Description

Maritime boundary disputes in the South China have existed for centuries, and researchers from a variety of countries have analysed the situation from a great many points of view. Yet, and despite its status as one of the major countries in the region, Chinese perspectives have often been absent from the international literature. This book redresses that balance. Bringing together scholarship from history and international law, this book provides a lens through which maritime territorial disputes in the South China Sea can be interrogated. Not only does it detail the historical and jurisprudential evidence that support maritime boundaries in the South China Sea for different stakeholders, but it also clarifies some misconceptions related to China’s nine-dash lines by referring to the United Nations Convention on the Law of the Sea. Moreover, the book offers in-depth discussion and observation on the most recent developments in the South China Sea. This book is an essential resource for researchers, teachers and students who specialize in Southeast Asian Studies, China maritime studies, and the international law of the sea.







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.