Download or read book South China Sea Lawfare written by Fu-Kuo Liu and published by South China Sea Think Tank. This book was released on 2017-04-20 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book South China Sea Lawfare written by Fu-Kuo Liu and published by South China Sea Think Tank. This book was released on 2016-01-29 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Global Commons and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2018-08-13 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Freedoms of Navigation in the Asia Pacific Region written by Sam Bateman and published by Routledge. This book was released on 2019-09-16 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The South China Sea written by Mark J. Valencia and published by Elsevier. This book was released on 2013-10-22 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea: Hydrocarbon Potential and Possibilities of Joint Development presents the proceedings of the EAPI/CCOP Workshop East-West Center held in Honolulu, Hawaii on August 5-12, 1980. The book contains papers on the geology and offshore hydrocarbon potential in the Philippines, Thailand, and Indonesia; and on the need for certain basic prerequisites for initiating and maintaining rational and orderly oil and gas exploration and development programs. The text also presents papers on the establishment of effective production-sharing type tax regimes for petroleum; on the implications of the Southeast Asian contractual framework; and on a general approach to the planning and management of environmental aspects related to offshore oil and gas prospecting, drilling, development and production. The precedents of the joint development of hydrocarbons in areas of overlapping boundary claims, with examples from the North Sea, the Persian Gulf, the Korea-Japan continental shelf and the Thai-Malaysian continental shelf, are also considered.
Download or read book Lawfare written by Orde F. Kittrie and published by Oxford University Press. This book was released on 2016 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 377 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 The Regime of Islands Reframed written by Clive Schofield and published by BRILL. This book was released on 2021-02-08 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.
Download or read book The South China Sea Arbitration Awards written by Zhongguo guo ji fa xue hui and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The South China Sea Disputes written by Nalanda Roy and published by Lexington Books. This book was released on 2016-12-02 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea has long been regarded as one of the most complex and challenging ocean-related maritime disputes in East Asia. Recently it has become the locus of disputes that have the potential of escalating into serious international conflicts. Historical mistrust, enduring territorial disputes, and competing maritime claims have combined to weaken an at least partially successful regional security structure. Issues of concern include territorial sovereignty; disputed claims to islands, rocks, and reefs; jurisdiction over territorial waters, exclusive economic zones, and the seabed; regional and international rights to use the seas for military purposes; maritime security; rapid economic development; and environmental degradation. The fear is that increasing competition for energy and other resources will exacerbate conflicts and further fuel nationalism and sovereignty issues in the region. The SCS has an integrated ecosystem and is one of the richest seas in the world in terms of marine flora and fauna: coral reefs, mangroves, sea-grass beds, fish, and plants. National economic security can be easily affected by conflicts occurring in major international trade routes like the SCS, or how such an unclear situation might even give rise to environmental challenges in the future. The book creates an understanding as to why this region is important not only to the claimants but to global powers like the United States and India. The book examines current and potential conflicts in the South China Sea, and also evaluates how conflicts have been “managed” to date and suggests as to how they might be better managed in the future. This book concludes with recommendations for improving the situation in the region by ensuring a strong economic relationships, using high-resolution observation satellites, and undertaking joint development, and resource exploration etc.
Download or read book The South China Sea written by Bill Hayton and published by Yale University Press. This book was released on 2014-10-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s rise has upset the global balance of power, and the first place to feel the strain is Beijing’s back yard: the South China Sea. For decades tensions have smoldered in the region, but today the threat of a direct confrontation among superpowers grows ever more likely. This important book is the first to make clear sense of the South Sea disputes. Bill Hayton, a journalist with extensive experience in the region, examines the high stakes involved for rival nations that include Vietnam, India, Taiwan, the Philippines, and China, as well as the United States, Russia, and others. Hayton also lays out the daunting obstacles that stand in the way of peaceful resolution. Through lively stories of individuals who have shaped current conflicts—businessmen, scientists, shippers, archaeologists, soldiers, diplomats, and more—Hayton makes understandable the complex history and contemporary reality of the South China Sea. He underscores its crucial importance as the passageway for half the world’s merchant shipping and one-third of its oil and gas. Whoever controls these waters controls the access between Europe, the Middle East, South Asia, and the Pacific. The author critiques various claims and positions (that China has historic claim to the Sea, for example), overturns conventional wisdoms (such as America’s overblown fears of China’s nationalism and military resurgence), and outlines what the future may hold for this clamorous region of international rivalry.
Download or read book China s Maritime Gray Zone Operations written by Andrew S. Erickson and published by Naval Institute Press. This book was released on 2019-03-15 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s maritime “gray zone” operations represent a new challenge for the U.S. Navy and the sea services of our allies, partners, and friends in maritime East Asia. There, Beijing is waging what some Chinese sources term a “war without gunsmoke.” Already winning in important areas, China could gain far more if left unchecked. One of China’s greatest advantages thus far has been foreign difficulty in understanding the situation, let alone determining an effective response. With contributions from some of the world’s leading subject matter experts, this volume aims to close that gap by explaining the forces and doctrines driving China’s paranaval expansion, operating in the “gray zone” between war and peace. The book covers China’s major maritime forces beyond core gray-hulled Navy units, with particular focus on China’s second and third sea forces: the “white-hulled” Coast Guard and “blue-hulled” Maritime Militia. Increasingly, these paranaval forces, and the “gray zone” in which they typically operate, are on the frontlines of China’s seaward expansion.
Download or read book Freedom of Navigation in the Indo Pacific Region written by Stuart B. Kaye and published by . This book was released on 2016 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper considers freedom of navigation law and practice in the Indian and Pacific Oceans.
Download or read book Excessive Maritime Claims written by J. Ashley Roach and published by Martinus Nijhoff Publishers. This book was released on 2012-06-22 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Download or read book Inadvertent Escalation written by Barry R. Posen and published by Cornell University Press. This book was released on 2014-01-13 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sobering book, Barry R. Posen demonstrates how the interplay between conventional military operations and nuclear forces could, in conflicts among states armed with both conventional and nuclear weaponry, inadvertently produce pressures for nuclear escalation. Knowledge of these hidden pressures, he believes, may help some future decision maker avoid catastrophe.Building a formidable argument that moves with cumulative force, he details the way in which escalation could occur not by mindless accident, or by deliberate preference for nuclear escalation, but rather as a natural accompaniment of land, naval, or air warfare at the conventional level. Posen bases his analysis on an empirical study of the east-west military competition in Europe during the 1980s, using a conceptual framework drawn from international relations theory, organization theory, and strategic theory.The lessons of his book, however, go well beyond the east-west competition. Since his observations are relevant to all military competitions between states armed with both conventional and nuclear weaponry, his book speaks to some of the problems that attend the proliferation of nuclear weapons in longstanding regional conflicts. Optimism that small and medium nuclear powers can easily achieve "stable" nuclear balances is, he believes, unwarranted.
Download or read book Nine Dash Line written by Pooja Bhatt and published by Taylor & Francis. This book was released on 2024-06-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea (SCS) has been in the spotlight since the Permanent Court of Arbitration's ruling in 2016, favouring the Philippines on its maritime entitlements. China rejected the verdict and militarized the islands while asserting its 'historic rights' over more than 80% of the SCS. This book examines China's behaviour in the SCS from multiple perspectives like history, environment, law, trade, security, and its relations with Southeast Asian countries that have their own EEZ claims in the SCS, revealing that their actions align with their grand strategy of becoming a global and maritime superpower by 2050 with the Nine Dash Line at its centre. Print edition not for sale in South Asia (India, Sri Lanka, Nepal, Bangladesh, Pakistan and Bhutan)
Download or read book Is International Law International written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
