Excessive Maritime Claims


Book Description

This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.




United States Responses to Excessive Maritime Claims


Book Description

A number of significant events in the law of the sea have occurred since the summer of 1994 when this book was first published by the U.S. Naval War College. Of greatest significance is the entry into force on November 16, 1994, of the United Nations Law of the Sea Convention, with a reformed Part XI on deep seabed mining, that gives every prospect of gaining universal acceptance. In addition, in submitting the Convention and implementing Agreement to the Senate for advice and consent in October 1994, President Clinton forwarded an extensive and authoritative Commentary on those documents. Consequently, the authors were encouraged to prepare a second edition for the wider audience which must deal with the traditional uses provisions of the modern Law of the Sea Convention now in force. A new chapter on marine data collection has been added and documents have been included which will further facilitate the use of this expanded volume as a working tool for the practitioner and student alike.




The Future of the Law of the Sea


Book Description

This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.




Excessive Maritime Claims


Book Description

Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.







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 Legal Regime of Straits


Book Description

The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.




Countering Coercion in Maritime Asia


Book Description

In the past decade, tensions in Asia have risen as Beijing has become more assertive in maritime disputes with its neighbors and the United States. Although taking place below the threshold of direct military confrontation, China’s assertiveness frequently involves coercive elements that put at risk existing rules and norms; physical control of disputed waters and territory; and the credibility of U.S. security commitments. Regional leaders have expressed increasing alarm that such “gray zone” coercion threatens to destabilize the region by increasing the risk of conflict and undermining the rules-based order. Yet, the United States and its allies and partners have struggled to develop effective counters to China’s maritime coercion. This study reviews deterrence literature and nine case studies of coercion to develop recommendations for how the United States and its allies and partners could counter gray zone activity.




Maritime Claims in the Arctic


Book Description

With the fundamental changes which occurred in the political structure of Europe, and improved East--West relations in general, the Arctic has increasingly become the focal point of international attention during the last few years. Scientific research and environmental protection are areas which have already witnessed some form of international cooperation in the area. With this particular evolution in mind, a new look at the legal regime of navigation in the Arctic seems to be justified. While several other countries border on the Arctic, Canada and Russia have the most extensive shorelines and have shown keen interest in ensuring that their proper share of this area is not encroached by other countries. This book is thus generally restricted to an examination of the maritime boundaries that these states are claiming, and the extent to which other states have recognized them. It also explores the need for greater international cooperation in this area, not only between the two main contenders but also with other countries that have shown a special interest in Arctic navigation and in the exploitation of resources of this area.




Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 33 (2015)


Book Description

The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, investment and financial integration in Asia, the Ma-Xi Summit in Singapore, the Taiwan-Philippines Fisheries Agreement, and the 70th Anniversary of the ROC’s War of Resistance against Japan. Questions and comments can be directed to the editorial board of the Yearbook by email at [email protected]