Download or read book Peaceful Management of Maritime Disputes written by James Kraska and published by Taylor & Francis. This book was released on 2023-03-23 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.
Download or read book The Peaceful Resolution of Territorial and Maritime Disputes written by Emilia Justyna Powell and published by Oxford University Press. This book was released on 2023 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the peaceful resolution (PR) of territorial and maritime disputes and states' strategic behavior vis-à-vis methods of peaceful resolution: bilateral negotiations, good offices, inquiry, conciliation, mediation, arbitration, and adjudication. The authors argue that the high stakes associated with settlement of territorial and maritime disputes, the diversity of PR methods employed, and unpredictability of outcomes push states to strategize. Strategic considerations undergird states' choice of the particular PR methods, and states' behavior during the resolution once a particular method such as adjudication or negotiations, has been initiated. Uncertainty about the outcome drives states to pursue "strategic selection." The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue--choice-of-venue strategic selection, and decision-making once a PR method/venue has been identified--within-venue strategic selection. The driving force behind strategizing in these two settlement stages is the hope of reducing uncertainty and of increasing the chances of winning. Importantly, as the disputants progress through the settlement process, states reconsider and refine these strategies. For each stage of strategic selection, Powell and Wiegand identify several mechanisms that influence states' strategies, including past experiences with PR methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multi-method approach and combines statistical analyses and in-depth qualitative interviews with states' legal counsel, judges, arbitrators, government officials, and other experts from multiple countries. The book also highlights numerous real-world instances of territorial and maritime disputes including the Philippines v. China arbitration case in the South China dispute.
Download or read book Maritime Disputes in the Eastern Mediterranean written by Roudi Baroudi and published by Brookings Institution Press. This book was released on 2020-05-31 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ways and means described in this book constitute a road map for responsible members of the international community to work together, reduce tensions, resolve differences over maritime boundaries peacefully, and reap the rewards of a safer, stabler, and more prosperous world. This volume shows that the UN and its associated treaties, courts, and other institutions have developed a body of laws, rules, and procedures guiding the way to negotiated, peaceful outcomes. Mr. Baroudi’s book also points to rapid advances of science and technology that take much of the guesswork out of boundary delineation, making this route more reliable and user-friendly than ever before. The successful use of these mechanisms would set a useful example for the resolution of boundary disputes in other regions of the world. That, in turn would restore confidence in the international rules-based system and could pave the way for the settling of some of the world’s most troubling and dangerous disputes.
Download or read book Peaceful Maritime Engagement in East Asia and the Pacific Region written by and published by BRILL. This book was released on 2022-12-28 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peaceful Maritime Engagement in East Asia and the Pacific Region includes contributions from the most influential figures in the law of the sea to provide context and direction for developing maritime governance in East Asia and the Pacific Ocean. Peaceful management of disputes includes cooperation over deep seabed mining, negotiations for a legally binding instrument on biodiversity beyond national jurisdiction, contending approaches to baselines and East Asia maritime boundary disputes, freedom of navigation and maritime law enforcement. Chapters also explore new interpretations for preservation of the marine environment and the special problems posed by marine plastics and nexus between the ocean and climate change.
Download or read book Conflict Management and Dispute Settlement in East Asia written by Ramses Amer and published by Routledge. This book was released on 2016-05-23 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Download or read book Maritime Boundary Disputes Settlement Processes and the Law of the Sea written by Seoung Yong Hong and published by BRILL. This book was released on 2009 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Download or read book Assessing Maritime Disputes in East Asia written by Barthelemy Courmont and published by Taylor & Francis. This book was released on 2017-04-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Maritime Security in the Indo Pacific written by Mohan Malik and published by Rowman & Littlefield. This book was released on 2014-09-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.
Download or read book Peaceful Settlement of Disputes in the South China Sea Through Fisheries Resources Cooperation and Management written by Kuan-Hsiung Wang and published by . This book was released on 2015 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Maritime Disputes in the East and South China Seas written by U.S.-China Economic and Security Review Commission and published by Createspace Independent Publishing Platform. This book was released on 2014-04-18 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Maritime Disputes and International Law written by Constantinos Yiallourides and published by Routledge. This book was released on 2019-05-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Troubled Waters written by Steve Chan and published by Cambridge University Press. This book was released on 2016-02-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are China's ongoing sovereignty disputes in the East and South China Seas likely to evolve? Are relations across the Taiwan Strait poised to enter a new period of relaxation or tension? How are economic interdependence, domestic public opinion, and the deterrence role played by the US likely to affect China's relations with its counterparts in these disputes? Although territorial disputes have been the leading cause for interstate wars in the past, China has settled most of its land borders with its neighbours. Its maritime boundaries, however, have remained contentious. This book examines China's conduct in these maritime disputes in order to analyse Beijing's foreign policy intentions in general. Rather than studying Chinese motives in isolation, Steve Chan uses recent theoretical and empirical insights from international relations research to analyse China's management of its maritime disputes.
Download or read book Maritime Delimitation written by Rainer Lagoni and published by BRILL. This book was released on 2006 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
Download or read book The Four Flashpoints written by Brendan Taylor and published by Black Inc.. This book was released on 2018-08-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely account of the four most troubled hotspots in the world’s most combustible region Asia is at a dangerous moment. China is rising fast, and its regional ambitions are growing. Reckless North Korean dictator Kim Jong-un may be assembling more nuclear weapons, despite diplomatic efforts to eradicate his arsenal. Japan is building up its military, throwing off constitutional constraints imposed after World War II. The United States, for so long a stabilising presence in Asia, is behaving erratically: Donald Trump is the first US president since the 1970s to break diplomatic protocol and speak with Taiwan, and the first to threaten war with North Korea if denuclearisation does not occur. The possibility of global catastrophe looms ever closer. In this revelatory analysis, geopolitical expert Brendan Taylor examines the four Asian flashpoints most likely to erupt in sudden and violent conflict: the Korean Peninsula, the East China Sea, the South China Sea and Taiwan. He sketches how clashes could play out in these global hotspots and argues that crisis can only be averted by understanding the complex relations between them. Drawing on history, in-depth reports and his intimate observations of the region, Taylor asks what the world’s major powers can do to avoid an eruption of war – and shows how Asia could change this otherwise disastrous trajectory.
Download or read book Maritime Disputes in Northeast Asia written by Suk Kyoon Kim and published by BRILL. This book was released on 2017-04-03 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Geopolitics and Maritime Territorial Disputes in East Asia written by Ralf Emmers and published by Routledge. This book was released on 2009-09-11 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geopolitics is a crucial element in understanding international relations in East Asia, with major and medium powers competing for influence. This book examines geopolitics in East Asia, focusing in particular on its major, contentious maritime territorial disputes. It looks in particular detail at the overlapping claims between Japan, China and Taiwan over the Senkaku/Diao yu Islands in the East China Sea as well as the Paracel Islands claimed by China, Taiwan, and Vietnam and the Spratly Islands involving Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam in the South China Sea. The book offers a comparative study of the East and South China Seas by arguing that their respective circumstances are influenced by similar geopolitical considerations; factors such as territory, natural resources and power competition all impact on disputes and broader regional relations. It is precisely the interplay of these geopolitical forces that can lead to the rapid escalation of a maritime territorial dispute or reversely to a diffusion of tensions. The book considers how such disputes might be managed and resolved peacefully, despite the geopolitical conditions that can make co-operation on these issues difficult to achieve. Ralf Emmers examines the prospect for conflict management and resolution by identifying catalysts which may contribute to improving the climate of relations.
