The Future of Ocean Regime-Building


Book Description

One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime, a wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarersa (TM) rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston




The Future of Ocean Regime-Building


Book Description

One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston




The International Law of the Sea


Book Description

Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.




Ocean Governance, Regimes, and the South China Sea Issues


Book Description

​This book uses Chinese version of dialectics to present interpretations of ocean governance, international regimes, issues in the South China Sea in general and the Chinese U-shaped line in particular, through the one-dot theory. It especially serves as a tool for non-Chinese researchers and experts interested in analyzing international relations issues from a Chinese perspective. The dialectical one-dot theory, which is a superior model to the dialectical Yin and Yang or the dialectical crab and frog motion model, provides research and findings that more closely mirror reality than do other, non-dialectical approaches and research methods. Further, it can be applied to both the natural and social sciences. The book is divided into three parts — Methodology, Case Studies Related to International Regimes and Non-“International Regimes,” and Issues Related to the U-shaped Line in the South China Sea — with each chapter structured in terms of the one-dot theory. In addition to researchers and experts involved in marine and maritime affairs, this book will also appeal to all readers interested in Chinese Philosophy, International Relations, and Strategic Culture.




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


Book Description

Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book 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, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. 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.




Increasing Capacity for Stewardship of Oceans and Coasts


Book Description

Marine environments support the livelihoods, economies, and quality of life for communities around the world. But growth of coastal populations and increasing demands on marine resources are putting the future of ocean and coastal resources at risk through impacts such as overfishing, wetland drainage, climate change, and pollution of coastal waters. Given these demands, it is vital to build capacity-the people, the institutions, and technology and tools-needed to manage ocean resources. Unfortunately, many capacity building efforts focus on specific projects rather than on capacity building as goal unto itself, resulting in activities that are not funded or sustained past the typically short project lifetime. This book finds that the most successful capacity-building efforts meet the needs of a specific locale or region based on periodic assessments and include plans to maintain and expand capacity after the project ends. The report recommends ways that governments and organizations can help strengthen marine protection and management capacity, including conducting periodic program assessments, making plans to sustain funding, and developing leadership and political will. The book was produced at the request of Gordon and Betty Moore Foundation, the President's Circle of the National Academies, the David and Lucile Packard Foundation, the National Oceanic and Atmospheric Administration, the National Science Foundation, the Marisla Foundation, and the Curtis and Edith Munson Foundation.




State Ocean Jurisdiction


Book Description

Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.




Maritime Cooperation and Security in the Indo-Pacific Region


Book Description

This definitive volume assembles more than twenty leading Indo-Pacific maritime scholars and emerging experts to deliver fresh perspectives on maritime cooperation and security. Topics include naval activities, law of the sea, environmental protection, international cooperation, and sub-regional maritime agendas.




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.




South Africa and the Law of the Sea


Book Description

Being at the confluence of the Atlantic Ocean, the Indian Ocean and the Southern Ocean, South Africa plays a considerable role in the smooth running of maritime commerce and the diverse efforts to ensure the sustainable development of the marine environment. South Africa and the Law of the Sea brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework. The result is a tool to foster implementation, co-ordination and further research at the domestic level as well as a platform to facilitate comparative work to strengthen Africa’s jurisprudence and influence in maritime matters.