Asia-Pacific and the Implementation of the Law of the Sea


Book Description

Asia-Pacific and the Implementation of the Law of the Sea reviews the legislative and policy approach taken by selected States to fulfil their obligations under the United Nations Law of the Sea Convention (LOSC). Australia, Canada, China, Japan, Korea, Malaysia, Singapore and Vietnam are examined in detail together with an analysis of the United States’ prospects of ratifying the LOSC and its current approach to implement the international law of the sea. The book reveals areas of regional variation and consensus in legislative approaches to implement LOSC obligations, contributing to the progressive development of the law of the sea.




Freedoms of Navigation in the Asia-Pacific Region


Book Description

The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.




Maritime Security in the Indo-Pacific


Book Description

In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.




The Law of the Sea in the Asian Pacific Region


Book Description

The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends.




Cooperation and Engagement in the Asia-Pacific Region


Book Description

Cooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.




Maritime Order and the Law in East Asia


Book Description

Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.




The Oxford Handbook of International Law in Asia and the Pacific


Book Description

This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived




Asia's Cauldron


Book Description

NAMED ONE OF THE BEST BOOKS OF THE YEAR BY FINANCIAL TIMES From Robert D. Kaplan, named one of the world’s Top 100 Global Thinkers by Foreign Policy magazine, comes a penetrating look at the volatile region that will dominate the future of geopolitical conflict. Over the last decade, the center of world power has been quietly shifting from Europe to Asia. With oil reserves of several billion barrels, an estimated nine hundred trillion cubic feet of natural gas, and several centuries’ worth of competing territorial claims, the South China Sea in particular is a simmering pot of potential conflict. The underreported military buildup in the area where the Western Pacific meets the Indian Ocean means that it will likely be a hinge point for global war and peace for the foreseeable future. In Asia’s Cauldron, Robert D. Kaplan offers up a vivid snapshot of the nations surrounding the South China Sea, the conflicts brewing in the region at the dawn of the twenty-first century, and their implications for global peace and stability. One of the world’s most perceptive foreign policy experts, Kaplan interprets America’s interests in Asia in the context of an increasingly assertive China. He explains how the region’s unique geography fosters the growth of navies but also impedes aggression. And he draws a striking parallel between China’s quest for hegemony in the South China Sea and the United States’ imperial adventure in the Caribbean more than a century ago. To understand the future of conflict in East Asia, Kaplan argues, one must understand the goals and motivations of its leaders and its people. Part travelogue, part geopolitical primer, Asia’s Cauldron takes us on a journey through the region’s boom cities and ramshackle slums: from Vietnam, where the superfueled capitalism of the erstwhile colonial capital, Saigon, inspires the geostrategic pretensions of the official seat of government in Hanoi, to Malaysia, where a unique mix of authoritarian Islam and Western-style consumerism creates quite possibly the ultimate postmodern society; and from Singapore, whose “benevolent autocracy” helped foster an economic miracle, to the Philippines, where a different brand of authoritarianism under Ferdinand Marcos led not to economic growth but to decades of corruption and crime. At a time when every day’s news seems to contain some new story—large or small—that directly relates to conflicts over the South China Sea, Asia’s Cauldron is an indispensable guide to a corner of the globe that will affect all of our lives for years to come. Praise for Asia’s Cauldron “Asia’s Cauldron is a short book with a powerful thesis, and it stands out for its clarity and good sense. . . . If you are doing business in China, traveling in Southeast Asia or just obsessing about geopolitics, you will want to read it.”—The New York Times Book Review “Kaplan has established himself as one of our most consequential geopolitical thinkers. . . . [Asia’s Cauldron] is part treatise on geopolitics, part travel narrative. Indeed, he writes in the tradition of the great travel writers.”—The Weekly Standard “Kaplan’s fascinating book is a welcome challenge to the pessimists who see only trouble in China’s rise and the hawks who view it as malign.”—The Economist “Muscular, deeply knowledgeable . . . Kaplan is an ultra-realist [who] takes a non-moralistic stance on questions of power and diplomacy.”—Financial Times




Bringing New Law to Ocean Waters


Book Description

In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges.




Sustainable Development and the Law of the Sea


Book Description

The concept of sustainable development is created to coordinate the relationship between resource uses and environmental protection. Environmental protection is necessary to achieve the goal of sustainable resource uses and economic benefits deriving from resources can provide the conditions in which environmental protection can best be achieved. Sustainable Development and the Law of the Sea offers international legal perspectives on ocean uses including fisheries management, sustainable use of marine non-living resources, and marine protected areas in the context of sustainable development. Pushing that sustainability is a requirement for ocean use as well as for the establishment and development of the world marine legal order, the volume provides a useful reference for policy-makers and the international legal community and for all those interested in ocean governance.