Maritime Order and the Law in East Asia

Maritime Order and the Law in East Asia

Author: Nong Hong

Publisher: Routledge

Published: 2018-03-22

Total Pages: 310

ISBN-13: 1351358227

DOWNLOAD EBOOK

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.


Law of the Sea in East Asia

Law of the Sea in East Asia

Author: Keyuan Zou

Publisher: Routledge

Published: 2013-04-03

Total Pages: 258

ISBN-13: 1134267657

DOWNLOAD EBOOK

Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.


Asian Approaches to International Law and the Legacy of Colonialism

Asian Approaches to International Law and the Legacy of Colonialism

Author: Kevin Tan

Publisher: Routledge

Published: 2013

Total Pages: 186

ISBN-13: 0415679788

DOWNLOAD EBOOK

Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.


Japanese Maritime Security and Law of the Sea

Japanese Maritime Security and Law of the Sea

Author: Yurika Ishii

Publisher: BRILL

Published: 2021-12-20

Total Pages: 255

ISBN-13: 9004500413

DOWNLOAD EBOOK

Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.


Sea Rovers, Silver, and Samurai

Sea Rovers, Silver, and Samurai

Author: Tonio Andrade

Publisher: University of Hawaii Press

Published: 2016-03-31

Total Pages: 401

ISBN-13: 082485277X

DOWNLOAD EBOOK

Sea Rovers, Silver, and Samurai traces the roots of modern global East Asia by focusing on the fascinating history of its seaways. The East Asian maritime realm, from the Straits of Malacca to the Sea of Japan, has been a core region of international trade for millennia, but during the long seventeenth century (1550 to 1700), the velocity and scale of commerce increased dramatically. Chinese, Japanese, and Vietnamese smugglers and pirates forged autonomous networks and maritime polities; they competed and cooperated with one another and with powerful political and economic units, such as the Manchu Qing, Tokugawa Japan, the Portuguese and Spanish crowns, and the Dutch East India Company. Maritime East Asia was a contested and contradictory place, subject to multiple legal, political, and religious jurisdictions, and a dizzying diversity of cultures and ethnicities, with dozens of major languages and countless dialects. Informal networks based on kinship ties or patron-client relations coexisted uneasily with formal governmental structures and bureaucratized merchant organizations. Subsistence-based trade and plunder by destitute fishermen complemented the grand dreams of sea-lords, profit-maximizing entrepreneurs, and imperial contenders. Despite their shifting identities, East Asia’s mariners sought to anchor their activities to stable legitimacies and diplomatic traditions found outside the system, but outsiders, even those armed with the latest military technology, could never fully impose their values or plans on these often mercurial agents. With its multilateral perspective of a world in flux, this volume offers fresh, wide-ranging narratives of the “rise of the West” or “the Great Divergence.” European mariners, who have often been considered catalysts of globalization, were certainly not the most important actors in East and Southeast Asia. China’s maritime traders carried more in volume and value than any other nation, and the China Seas were key to forging the connections of early globalization—as significant as the Atlantic World and the Indian Ocean basin. Today, as a resurgent China begins to assert its status as a maritime power, it is important to understand the deep history of maritime East Asia.


The Belt and Road Initiative and the Law of the Sea

The Belt and Road Initiative and the Law of the Sea

Author: Keyuan Zou

Publisher: BRILL

Published: 2020-03-02

Total Pages: 238

ISBN-13: 9004422056

DOWNLOAD EBOOK

The Belt and Road Initiative (BRI) put forward by China in 2013 includes the land-based ‘Silk Road Economic Belt’ and the ocean-based ‘21st-Century Maritime Silk Road’ (MSR) which focuses on the promotion of cooperation between States along the Belt and the Road. As the UN Convention on the Law of the Sea (LOSC) has established the global maritime order, all ocean-related activities generating from the BRI projects along the MSR are in principle subject to the LOSC governance. The Belt and Road Initiative and the Law of the Sea discusses the use of oceans in the context of BRI covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea. It also examines the BRI challenges and difficulties in the maritime domain.


Island Disputes and Maritime Regime Building in East Asia

Island Disputes and Maritime Regime Building in East Asia

Author: Min Gyo Koo

Publisher: Springer Science & Business Media

Published: 2009-09-16

Total Pages: 217

ISBN-13: 0387896708

DOWNLOAD EBOOK

islands has emotional content far beyond any material significance because giving way on the island issue to Japan would be considered as once again compromising the sovereignty over the whole Korean peninsula. For Japan, the Dokdo issue may lack the same degree of strategic and economic values and emotional appeal as the other two territorial disputes that Japan has had with Russia and the two Chinas – namely the Northern Territories/Southern Kurile Islands and the Senkaku Islands, respectively. Nevertheless, fishing resources and the maritime boundary issues became highly salient with the introduction of UNCLOS. Also, the legal, political, and economic issues surrounding Dokdo are all intertwined with Japan’s other territorial disputes to the extent that concessions of sovereignty on any of these island disputes could jeopardize claims or negotiations concerning the rest. South Korea and Japan have forged a deeper diplomatic and economic partn- ship over the past decade. A new spirit of partnership after the landmark joint declaration of 1998 culminated in the successful co-hosting of the World Cup 2002. At the end of 2003 the two neighbors began to negotiate an FTA to further strengthen their already close economic ties. South Korea’s decades-long embargo on Japanese cultural products has now been lifted, while a number of South Korean pop stars are currently sweeping across Japan, creating the so-called “Korean Wave” fever. A pragmatic calculation of national interests would thus suggest cooperative behavior.


Assessing Maritime Disputes in East Asia

Assessing Maritime Disputes in East Asia

Author: Barthelemy Courmont

Publisher: Taylor & Francis

Published: 2017-04-28

Total Pages: 259

ISBN-13: 1317177975

DOWNLOAD EBOOK

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.


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

Author: Dr Nong Hong

Publisher: Ashgate Publishing, Ltd.

Published: 2015-10-28

Total Pages: 369

ISBN-13: 147245295X

DOWNLOAD EBOOK

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