Freedoms of Navigation in the Asia-Pacific Region
Freedoms of Navigation in the Asia-Pacific Region

Author: Sam Bateman

Publisher: Routledge

Published: 2019-09-16

Total Pages: 138

ISBN-13: 0429557086

DOWNLOAD EBOOK

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.

Global Commons and the Law of the Sea
Global Commons and the Law of the Sea

Author: Keyuan Zou

Publisher: BRILL

Published: 2018-08-13

Total Pages: 373

ISBN-13: 9004373330

DOWNLOAD EBOOK

'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.

The Free Sea
The Free Sea

Author: James Kraska

Publisher: Naval Institute Press

Published: 2018-06-15

Total Pages: 218

ISBN-13: 1682471179

DOWNLOAD EBOOK

The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.

South China Sea Lawfare
South China Sea Lawfare

Author: Fu-Kuo Liu

Publisher: South China Sea Think Tank

Published: 2017-04-20

Total Pages: 238

ISBN-13: 9869282830

DOWNLOAD EBOOK

South China Sea Lawfare: Post-Arbitration Policy Options and Future Prospects is the second of two reports in the series published by the South China Sea Think Tank. Published shortly after the tribunal issued its final award in the Philippines v. China arbitration case in July 2016, the report is the result of a collaborative effort by an international team of authors and incorporates the diverse perspectives of claimants and non-claimant stakeholders in the South China Sea maritime territorial disputes.

Understanding China’s Behaviour in the South China Sea
Understanding China’s Behaviour in the South China Sea

Author: Klaus Heinrich Raditio

Publisher: Springer

Published: 2018-08-25

Total Pages: 221

ISBN-13: 9811312834

DOWNLOAD EBOOK

This book analyses the origins of security dilemmas in the South China Sea (SCS) and the significance of China’s actions in asserting its claim from the perspective of defensive realist theory. In its analysis, the book argues that security dilemmas in the SCS first arose between China and other SCS claimants, and then between China and the United States. Research in this book provides significant support to the defensive realist theory vis-à-vis offensive realism. It encourages adopting a reassurance policy to reach a peaceful resolution to the SCS disputes between China, the other claimants, and the United States. The book will be useful for policymakers, academics, researchers and students.

Lawfare
Lawfare

Author: Orde F. Kittrie

Publisher: Oxford University Press

Published: 2016

Total Pages: 505

ISBN-13: 0190263571

DOWNLOAD EBOOK

In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.

South China Sea Lawfare
South China Sea Lawfare

Author: Fu-Kuo Liu

Publisher: South China Sea Think Tank

Published: 2016-01-29

Total Pages: 178

ISBN-13: 9869282814

DOWNLOAD EBOOK

South China Sea Lawfare: Legal Perspectives and International Responses to the Philippines v. China Arbitration Case is the first of two reports published by the South China Sea Think Tank. Published shortly after the tribunal issued its first award in the Philippines v. China arbitration case, the report is the result of a collaborative effort by an international team of authors and incorporates the diverse perspectives of claimants and non-claimant stakeholders in the South China Sea maritime territorial disputes.