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Solving Disputes For Regional Cooperation And Development In The South China Sea

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Solving Disputes for Regional Cooperation and Development in the South China Sea

Solving Disputes for Regional Cooperation and Development in the South China Sea Book
Author : Shicun Wu
Publisher : Elsevier
Release : 2013-09-30
ISBN : 1780633556
Language : En, Es, Fr & De

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Book Description :

This book discusses the South China Sea dispute from a Chinese perspective with regards to history, law, international politics, the economy, diplomacy and military affairs. Not only does it detail China’s official position on the sovereignty and maritime disputes in the South China Sea, but also provides analyses of the related factors influencing the origin and development of these disputes. It further assesses the complexity, internationalisation and long-term struggle over the South China Sea and China’s efforts in dispute resolution. Solving Disputes for Regional Cooperation and Development aims to help readers better understand a Chinese perspective on the complexity of the South China Sea disputes, including competition over the sovereignty of the islets, islands regime and its impact on maritime delimitation, overlapping maritime claims, and how the adjacent states can cooperate for resource development in the South China Sea. This title is highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea, and covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs. Highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea Covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs One of the very few books written by a Chinese scholar in English in this area

Rethinking South China Sea Disputes

Rethinking South China Sea Disputes Book
Author : Katherine Hui-Yi Tseng
Publisher : Taylor & Francis
Release : 2016-12-08
ISBN : 1317374770
Language : En, Es, Fr & De

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Book Description :

The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.

Arbitration Concerning the South China Sea

Arbitration Concerning the South China Sea Book
Author : Shicun Wu,Keyuan Zou
Publisher : Routledge
Release : 2016-03-02
ISBN : 1317179889
Language : En, Es, Fr & De

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Book Description :

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.

Recent Developments in the South China Sea Dispute

Recent Developments in the South China Sea Dispute Book
Author : Wu Shicun,Nong Hong
Publisher : Routledge
Release : 2014-05-30
ISBN : 1317817648
Language : En, Es, Fr & De

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Book Description :

The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.

The South China Sea

The South China Sea Book
Author : Leszek Buszynski,Do Thanh Hai
Publisher : Routledge
Release : 2019-12-11
ISBN : 1000762505
Language : En, Es, Fr & De

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Book Description :

This book explores the very latest developments in the South China Sea maritime dispute. It examines the South China Sea as an arena for geostrategic competition between China and the United States and why the dispute is so important for regional and global geopolitics. It outlines the most recent developments in the sea itself and assesses the role of the Association of Southeast Asian Nations (ASEAN) and the current views of the contesting claimants. It considers the position of countries from outside the region, India as well as Japan; surveys military and naval developments; and examines confidence building, preventive diplomacy, and dispute resolution measures. The book concludes by highlighting the points of greatest risk and by discussing how the situation is likely to develop going forward.

China s Policy towards the South China Sea

China s Policy towards the South China Sea Book
Author : Lingqun Li
Publisher : Routledge
Release : 2018-02-19
ISBN : 1351657364
Language : En, Es, Fr & De

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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.

Maritime Disputes and International Law

Maritime Disputes and International Law Book
Author : Constantinos Yiallourides
Publisher : Routledge
Release : 2019-05-20
ISBN : 135124051X
Language : En, Es, Fr & De

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Book Description :

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

MIMA Bulletin Volume 21 1 2014

MIMA Bulletin Volume 21  1  2014 Book
Author : Anonim
Publisher : Maritime Institute of Malaysia (MIMA)
Release : 2014-06-01
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

In an increasingly complex and interlinked world, Malaysia’s dependence on the seas will continue to be shaped by a multitude of new, constantly evolving and multifaceted issues and challenges. Claims and counterclaims of maritime features and territories, the jostling for influence and space among naval powers, depletion of marine resources, pollution of the oceans and marine environment, climate change, sea level rise, impact of global economic vagaries on the maritime industry will continue to dominate Malaysia’s maritime agenda. These issues demand nuanced responses to ensure our manifold maritime interests are not compromised and the regional seas remain open for our use and for the benefit of the international community. Confronting and addressing them require proactive, creative and well thought-out policies and positions to safeguard national economic, sovereign and strategic interests, and to ensure our seas remain clean, safe, secure and bountiful for current and future use.

Chinese Assertiveness in the South China Sea

Chinese Assertiveness in the South China Sea Book
Author : Richard Q. Turcsányi
Publisher : Springer
Release : 2017-10-27
ISBN : 3319676482
Language : En, Es, Fr & De

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Book Description :

This book offers an assessment of China’s assertive foreign policy behavior with a special focus on Chinese policies in the South China Sea (SCS). By providing a detailed account of the events in the SCS and by analyzing power dynamics in the region, it identifies the driving forces behind China’s assertive foreign policy. Considering China’s power on a domestic as well as an international level, it examines a number of different sources of hard and soft power, including military, economics, geopolitics, and domestic legitimacy. The author demonstrates that Chinese assertiveness in the SCS can be explained not only by increases in China’s power, but also by effective reactions to other actors’ foreign policy changes. The book will appeal to scholars in international relations, especially those interested in a better understanding of South China Sea developments, China’s political power and foreign policy, and East Asian international affairs.

Maritime and Territorial Disputes in the South China Sea

Maritime and Territorial Disputes in the South China Sea Book
Author : Yih-Jye Hwang,Edmund Frettingham
Publisher : Routledge
Release : 2021-03-10
ISBN : 1000357848
Language : En, Es, Fr & De

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Book Description :

This edited volume rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.

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

UN Convention on the Law of the Sea and the South China Sea Book
Author : Shicun Wu,Mark Valencia
Publisher : Routledge
Release : 2016-03-09
ISBN : 1317005627
Language : En, Es, Fr & De

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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.

International Law Relating to Islands

International Law Relating to Islands Book
Author : Sean D. Murphy
Publisher : BRILL
Release : 2019-03-25
ISBN : 9004361545
Language : En, Es, Fr & De

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Book Description :

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

Perspectives on the South China Sea

Perspectives on the South China Sea Book
Author : Murray Hiebert,Phuong Nguyen,Gregory B. Poling
Publisher : Rowman & Littlefield
Release : 2014-10-08
ISBN : 1442240334
Language : En, Es, Fr & De

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Book Description :

The South China Sea is arguably one of the world’s most dangerous regions, with conflicting diplomatic, legal, and security claims by major and mid-level powers. CSIS brings together an international group of experts to provide a diverse and wide-ranging set of perspectives on the region and to explore possibilities for future cooperation.

Dividing ASEAN and Conquering the South China Sea

Dividing ASEAN and Conquering the South China Sea Book
Author : Daniel C. O’Neill
Publisher : Hong Kong University Press
Release : 2018-09-04
ISBN : 9888455966
Language : En, Es, Fr & De

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Book Description :

The “ASEAN Way” is based on the principle of consensus; any individual member state effectively has a veto over any proposal with which it disagrees. Dividing ASEAN and Conquering the South China Sea analyzes how China uses its influence to divide ASEAN countries in order to prevent them from acting collectively to resolve their territorial disputes with China in the South China Sea. Using comparative case studies of China’s relations with Cambodia, the Philippines, and Myanmar, O’Neill argues that the regime type in the country with which China is interacting plays an important role in enhancing or constraining China’s ability to influence the governments of developing states within ASEAN and globally. Authoritarian institutions facilitate Chinese influence while democratic institutions inhibit that influence. O’Neill argues that as long as ASEAN includes developing, authoritarian regimes, and given that the United States and other global powers are unlikely to risk any serious conflict over each push of China’s maritime boundaries, little by little, China will assert its sovereignty over the South China Sea. Nevertheless, noting the long-term, global trend of states democratizing, he contends that if China chooses to engage in more sophisticated bilateral politics, such as providing incentives to a broader range of interest groups in democratic states, then China will have more success in projecting its power globally. “Professor O’Neill’s well-crafted and theoretically sound assessment of China successfully dividing ASEAN in pursuit of claims in the South China Sea also shows important variations in China’s regional influence dependent notably on the degree of authoritarianism and democracy in Southeast Asian governments.”—Robert Sutter, professor of practice of international affairs, George Washington University “There are plenty of books looking at various aspects of the South China Sea issue, but I am not aware of any that duplicates the approach of this book. It is a useful addition to our understanding, both of the specific issue and of the broader theoretical implications which it raises.”—Richard Rigby, professor and executive director, China Institute, the Australian National University

Building a Normative Order in the South China Sea

Building a Normative Order in the South China Sea Book
Author : Tran Truong Thuy,John B. Welfield,Le Thuy Trang
Publisher : Edward Elgar Publishing
Release : 2019
ISBN : 1786437538
Language : En, Es, Fr & De

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Book Description :

The South China Sea, where a number of great powers and regional players contend for influence, has emerged as one of the most potentially explosive regions in the world today. What can be done to reduce the possibility of conflict, solve the outstanding territorial problems, and harness the potential of the sea to promote regional development, environmental sustainability and security? This book, with contributions from leading authorities in China, the Philippines, Vietnam, Australia, Singapore and the United States, seeks to illuminate these questions.

South China Sea Event Timeline 1900 1969

South China Sea Event Timeline  1900   1969 Book
Author : Jonathan Spangler,Olga Cachia
Publisher : South China Sea Think Tank
Release : 2018-08-31
ISBN : 9869282849
Language : En, Es, Fr & De

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Book Description :

The South China Sea Event Timeline aims to become the world’s most accurate and comprehensive chronological reference about the history of the South China Sea maritime territorial disputes. From major incidents at sea to meetings and statements of world leaders, events of all types are included in the event timeline, the complete volumes of which span over a century of history in the region. Today, the event timeline is one of the few indispensable sources of information to date for policymakers, researchers, students, the media, and others interested in the disputes.

The 21st Century Maritime Silk Road

The 21st Century Maritime Silk Road Book
Author : Keyuan Zou,Shicun Wu,Qiang Ye
Publisher : Routledge
Release : 2019-07-09
ISBN : 0429602987
Language : En, Es, Fr & De

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Book Description :

This book explores the opportunities and challenges that both Europe and Asia face under the framework of the 21st Century Maritime Silk Road Initiative. The 21st Century Maritime Silk Road Initiative (MSR Initiative), put forward by the Chinese government together with the Silk Road Economic Belt, reflects China’s ambition and vision to shape the global economic and political order. The first step and priority under the MSR Initiative, according to documents issued by China, is to build three ‘Blue Economic Passages’ linking China with the rest of the world at sea, two of which will connect China with Europe. This initiative, however, still faces enormous challenges of geopolitical suspicion and security risks. This book seeks to assess these risks and their causes for the cooperation between the Eurasian countries under the framework of MSR and puts forward suggestions to deal with these risks in the interdisciplinary perspectives of international relations and international law. Featuring a global team of contributors, this book will be of much interest to students of Asian politics, maritime security, international law and international relations.

Regional Institutions Geopolitics and Economics in the Asia Pacific

Regional Institutions  Geopolitics and Economics in the Asia Pacific Book
Author : Steven B. Rothman,Utpal Vyas,Yoichiro Sato
Publisher : Routledge
Release : 2017-04-21
ISBN : 1351968564
Language : En, Es, Fr & De

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Book Description :

This volume discusses the relationship between economics, geopolitics and regional institutional growth and development in the Asia-Pacific region. How do states (re)define their relationships amid the current global power transition? How do rival actors influence the rules and formation of new institutions for their own benefit? What role will institutions take as independent actors in influencing and constraining the behavior of states? Institutional development in Asia is characterized by idiosyncratic and diverse motivations (both material and non-material), a variety of policy strategies (strategic and norm-based), and the looming question of China’s future depth of involvement as its economic position becomes more stable and its confidence in foreign affairs grows. The book reflects the broadening definition of Asia by examining multiple perspectives, including Japan, China, South Korea, the United States, Australia, India, Russia, and Taiwan. In addition to state actors, the contributors address several important regional institutions in development such as the ASEAN (+3, +6, and the East Asian Summit), the Asian Infrastructure Investment Bank (AIIB), the Asian Development Bank (ADB), existing security alliances, and other bilateral institutions. Ultimately, this volume describes the unique, slow, and diverse growth of a multitude of regional institutions, the complexities of generating cooperation, membership concerns, and competition between states and with existing institutions in the context of China’s increasing confidence and strength. This book will be of much interest to students of Asian politics, regional security, international organizations, and foreign policy.

The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea Book
Author : Donald R. Rothwell,Alex G. Oude Elferink,Karen N. Scott,Tim Stephens
Publisher : OUP Oxford
Release : 2015-03-26
ISBN : 0191024651
Language : En, Es, Fr & De

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Book Description :

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.