Download or read book China s Practice in the Law of the Sea written by Jeanette Greenfield and published by Oxford University Press, USA. This book was released on 1992 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, which is an expansion of part of Dr Greenfield's earlier book China and the Law of the Sea, Air, and Environment, the author examines the current practice of the Government of the People's Republic of China in relation to the law of the sea, an area in which the CPR has latelybecome an active participant in the UN system. Concentrating on the Law of the Sea Convention which was signed by China this study also looks at recent efforts made by China to protect her offshore petroleum resources. Drawing on the much larger literature now available to foreign scholars, thisbook is set to become the definitive study of the subject.

Download or read book China s Law of the Sea written by Isaac B. Kardon and published by Yale University Press. This book was released on 2023-03-28 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth examination of the law and geopolitics of China’s maritime disputes and their implications for the rules of the international law of the sea China’s Law of the Sea is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order—specifically, the international law of the sea. Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China’s leaders have begun to implement “China’s law of the sea”: building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China’s preferred maritime rules on the water and in the diplomatic arena. Isaac B. Kardon examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order.

Download or read book Implementation of the United Nations Convention on the Law of the Sea written by Dai Tamada and published by Springer Nature. This book was released on 2021-04-02 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.

Download or read book UNCLOS and Ocean Dispute Settlement written by Nong Hong and published by Routledge. This book was released on 2012 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.

Download or read book China s Law of the Sea written by Isaac B. Kardon and published by Yale University Press. This book was released on 2023-03-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth examination of the law and geopolitics of China's maritime disputes and their implications for the rules of the international law of the sea China's Law of the Sea is the first comprehensive study of the law and geopolitics of China's maritime disputes. It provides a rigorous empirical account of whether and how China is changing "the rules" of international order--specifically, the international law of the sea. Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China's leaders have begun to implement "China's law of the sea": building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China's preferred maritime rules on the water and in the diplomatic arena. Isaac B. Kardon examines China's laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants' reactions to these Chinese practices, because other states must acquiesce for China's preferences to become international rules. China's maritime disputes offer unique insights into the nature and scope of China's challenge to international order.

Download or read book China s Marine Legal System and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2005-06-01 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996.

Download or read book China and the Law of the Sea Convention written by Elizabeth Van Wie Davis and published by . This book was released on 1995 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the major nonliving resource in the area, oil, because geological surveys predict enormous offshore oil deposits. In an attempt to extend their boundaries to include as much of the rich seabed as possible, the East Asian states are involved in disputes over boundary methods, island claims, and exploration rights.

Download or read book Recent Developments in the Law of the Sea And China written by University of Virginia. Center for Oceans Law and Policy. Conference and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is on current ocean law and policy issues particularly in the region around China. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.

Download or read book Maritime Law and Practice in China written by Liang Zhao and published by Taylor & Francis. This book was released on 2017-01-20 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People’s Court, Higher People’s Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.

Download or read book Annual Report on China s Practice in Promoting the International Rule of Law 2015 written by ZENG Lingliang and published by 社会科学文献出版社. This book was released on 2016-01-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本書是中國促進國際法治報告（2015年）的英文版，旨在系統梳理近年來國際法治的新發展，著重闡述中國在國際法治的各個重要領域所表明的理念、堅持的原則和立場，以及採取的具體行動，系統展示了中國對促進國際法治做出的重要貢獻。全書由中國與國家間關係法治、中國與國際經濟關係法治、中國與國際民商事法治、系統闡述中國國際法的教學和傳播四部分組成。

Download or read book Law of the Sea in East Asia written by Keyuan Zou and published by Psychology Press. This book was released on 2005 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that examines sea law issues in the East Asian region. Keyuan focuses on compliance with the law of the sea, territorial disputes and maritime boundary delimitation, resource use and environmental protection.

Download or read book Legal Thoughts between the East and the West in the Multilevel Legal Order written by Chang-fa Lo and published by Springer. This book was released on 2016-11-11 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

Download or read book Sovereign Rights and Territorial Space in Sino Japanese Relations written by Unryu Suganuma and published by University of Hawaii Press. This book was released on 2001-03-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1996, members of the right-wing Japan Youth Federation repaired a lighthouse on one of the Diaoyu (J. Senkaku) Islands, a small group of uninhabited islets north of Taiwan in the Liuqiu (J. Ryukyu) chain, known today as Okinawa. For months, outraged ethnic Chinese in Hong Kong and Taiwan protested Japan’s presence in the islands, and violent confrontations between protesters and the Japanese Marine Self-Defense Force resulted. Tension over these incidents has subsided since 1996, but the sovereignty of the islands remains a concern for both China and Japan. The long and complex history of relations between the two countries has made the problem difficult to resolve. This volatile situation has been further complicated by the involvement of other countries, including the U.S. Although the Diaoyu/Senkaku matter may be characterized as a simple territorial dispute between two nations, it exposes complicated geopolitical relations among Japan, China, Taiwan, and the U.S. in the Asia-Pacific region. Sovereign Rights and Territorial Space in Sino-Japanese Relations is an investigation of the highly topical issues involved in the Diaoyu/Senkaku confrontation. It begins by addressing the issue of the historical development of the dispute: To whom do the islands belong? When did China and Japan become involved? Does historical evidence prove who has sovereignty over the islands? How has irredentism (the claim to territory based on one or another historical “right”) become a major state policy in both countries? Other issues center on Chinese views of sovereignty and methods of delimiting territorial boundaries during the Ming and Qing periods, the Chinese concept of hegemony, and the history behind the deep mistrust that permeates Sino-Japanese relations. Finally, the author discloses the interwoven relationship between geography and history in East Asia. Chinese and Japanese geographers have for centuries been engaged in historical analyses of the islands. Their work, which has been used in the development of national security and diplomatic policies, is an important resource and one that this book makes available to Western scholars for the first time. In addition to his careful examination of these and other sources, Suganuma utilizes theoretical writings on geographical irredentism to expose the biases of recent work on the Diaoyu/Senkaku dispute. This volume is the fullest scholarly treatment that the contested issue of the Diaoyu/Senkaku Islands has received to date in any language. It contains much of interest for historians of modern China and Japan as well as for political scientists looking for new insights into international relations and Sino-Japanese interactions. No one who reads it will look at sovereignty in the same way again.

Download or read book The Law of the Seabed written by Catherine Banet and published by BRILL. This book was released on 2020-01-29 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.

Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, 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 (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.

Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

Download or read book Bridging Troubled Waters written by James Manicom and published by Georgetown University Press. This book was released on 2014-03-14 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The territorial dispute over the Senkaku/Diaoyu islands has repeatedly strained Sino-Japanese relations. 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. 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.