In Maritime Disputes in Northeast Asia: Regional Challenges and Cooperation, Suk Kyoon Kim provides an important multidisciplinary perspective on maritime disputes in one of the most dynamic areas of the world: Northeast Asia, a region of divergent political and economic systems where the legacy of a tumultuous past continues to overshadow current events. The text highlights maritime issues on the Korean Peninsula and extends an analytical eye to neighboring China, Japan and Russia. Kim explores in-depth the factors and issues at stake with complex maritime disputes, focusing on maritime boundary delimitation, territory, energy resources, fishery, marine pollution, and security and safety. This volume provides a timely international law perspective informed by an intricate historical, political, and socio-economic context, while offering a vision for future cooperation.
The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.
Sino-Japanese relations have been repeatedly strained by the territorial dispute over a group of small islands, known as the Senkaku islands in Japan and the Diaoyu islands in China. The rich fishing grounds, key shipping lanes, and perhaps especially, potentially rich oil deposits around the islands exacerbate this dispute in a confluence of resource pressures, growing nationalism, and rising military spending in the region. Bridging Troubled Waters reminds us that the tensions over the Senkaku/Diaoyu islands are only a part of a long history of both conflict and cooperation in maritime relations between Japan and China. James Manicom examines the cooperative history between China and Japan at sea and explains the conditions under which two rivals can manage disputes over issues such as territory, often correlated with war. China and Japan appear incapable of putting history behind them, are poised on the brink of a strategic rivalry, and seem at risk of falling into an unintentional war over disputed maritime claims. Bridging Troubled Waters challenges this view by offering a case-by-case analysis of how China and Japan have managed maritime tensions since the dispute erupted in 1970. The author advances an approach that offers a trade-off between the most important stakes in the disputed maritime area with a view to establishing a stable maritime order in the East China Sea. The book will be of interest to policymakers, academics, and regional specialists in Asia, security studies, and international conflict and cooperation.
This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China's fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.
Today's hearing will cover China's maritime disputes in the East and South China Seas. We'll examine the security, political, legal, and economic drivers of these disputes in our three panels today. The first panel will begin by discussing the broad security situation on the high seas. As China's maritime forces have become more capable over the past decade, Beijing has become more confident in its ability to assert its claims in the disputed areas. Beyond China's "hard" security concerns, however, other domestic, political, and legal elements shape China's policy in the East and South China Seas. Our second panel will consider popular nationalism as one of these elements. It has become a key driver of Chinese foreign policy as personality politics in Beijing has given way to a collective leadership seeking Party legitimacy. We'll conclude with a panel on how resources and economic drivers shape China's maritime disputes. Security of China's near seas is critical to the unimpeded flow of trade and imported energy resources. Though the natural resources in the East and South China Sea undoubtedly shape the security landscape, there appears to be a debate on the centrality of oil and gas resources to the dispute.
The purpose of this book is to assess the development of international environmental law in the Asia Pacific. Consideration is given to the impact upon the region of global, regional and subregional environmental law. An assessment is also undertaken of how certain states, and groups of states, have responded domestically and within their own subregions to these developments. For the purposes of this book the Asia Pacific is defined as essentially the states which comprise East and Southeast Asia, Australia, New Zealand and the island states of the Southwest Pacific. Occasional consideration is also given to the states of South Asia.
The Korean Peninsula was and is in a state of flux.More than 60 years after the war that left the country divided, the policies and unpredictability of the North Korean regime, in conjunction with the U.S. alliance with South Korea and the involvement of China in the area, leave the situation there one of the most capricious on the globe. Confronting Security Challenges on the Korean Peninsula presents the opinions from experts on the subject matter from the policy, military, and academic communities. Drawn from talks at a conference in September 2010 at Marine Corps University, the papers explore the enduring security challenges, the state of existing political and military relationships, the economic implications of unification, and the human rights concerns within North and South Korea. They also reiterate the importance for the broader East Asia region of peaceful resolution of the Korean issues.
In Global Maritime Safety & Security Issues and East Asia, Suk Kyoon Kim offers a multi-disciplinary perspective on various issues of maritime safety and security, focusing on East Asia. Defining the concepts of maritime safety and security, the book examines important issues such the legal frameworks for maritime safety and security and IMO law-making; safety of navigation; port state control; maritime terrorism; SUA Convention regime; piracy; ISPS Code and port and container security; and PSI. The author further undertakes an exploration of the roles of coast guards in East Asia as maritime safety and security enforcers, and national maritime safety and security legislations in China, Japan and Korea.
