Download or read book The Spratly Islands and International Law written by Xuechan Ma and published by Queen Mary Studies in Internat. This book was released on 2021-12-02 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation.
Download or read book Sovereignty over the Paracel and Spratly Islands written by Monique Chemillier-Gendreau and published by BRILL. This book was released on 2021-10-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exceptional volume deals with the hotly contested legal status of the Paracels and the Spratlys, two inhospitable archipelagos located in the South China Sea, sovereignty over which is disputed by several states. The author investigates the contribution which international law can make towards determining the rights of all parties involved. In order to do so she goes back into history to find out at each stage what the actual situation was and what its legal significance was in terms of the legal categories of the time. The originality of this work, compared to others already published on this topic, lies in its analysis of the valuable French archives. Not only these archives, but also existing legal writings have served as a basis for the investigation into the status of the archipelagos. The book sheds new and significant light on this important question.
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 Spratly Islands Dispute written by Daniel J. Dzurek and published by IBRU. This book was released on 1996 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The South China Sea Arbitration written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading experts on the law of the sea, The South China Sea Arbitrationprovides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons
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 Spratly Islands and International Law written by Xuechan Ma and published by BRILL. This book was released on 2021-11-29 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spratly Islands and International Law examines legal solutions to problems arising from the absence of maritime boundaries in the Spratly Islands. The book draws on extensive sources of international law and formulates novel, concrete proposals for the way forward.
Download or read book Asian Yearbook of International Law Volume 24 2018 written by Seokwoo Lee and published by BRILL. This book was released on 2020-11-30 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
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 Paracel Islands and U S Interests and Approaches in the South China Sea written by Clarence J. Bouchat and published by Department of the Army. This book was released on 2014 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Paracel Islands and South China Sea disputes require better understanding by U.S. policymakers in order to address the regions challenges. To attain that needed understanding, legal aspects of customary and modern laws are explored in this monograph to analyze the differences between competing maritime and territorial claims, and why and how China and Vietnam stake rival claims or maritime legal rights. Throughout, U.S. policies are examined through U.S. conflicted interests in the region. Recommendations for how the United States should engage these issues, a more appropriate task than trying to solve the disputes outright, are then offered.
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 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 Sharing the Resources of the South China Sea written by Mark J. Valencia and published by University of Hawaii Press. This book was released on 1999-08-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea disputes continue to confuse and confound policymakers. All the countries bordering directly on this sea - China, Vietnam, Taiwan, the Philippines, Malaysia, and Brunei - have claimed some or all of the tiny, but strategically located, Spratly Islets and some or all of the maritime space and its resources. All of these claims have serious weaknesses under the principles of international law that govern these issues. This book offers several possible regional interim solutions to the South China Sea disputes. All of the national claims to both islands and ocean space in the region have weaknesses. An interim solution is urgently needed because the status quo is dangerous and unstable, because of unilateral actions by the claimants and continuing opportunities for involvement by outside powers. Division or allocation of the features and ocean space among the competing claimants seem unfeasible because of their sharp disagreements over the boundaries of the area in dispute as well as what would constitute an appropriate equitable division. The authors survey the principles that appear to guide the nations of the South China Sea region in their regional relations, and they identify the appropriate objectives of a regional resource authority. They also identify the political realities of the region, which serve as constraints on the design of a regime. The authors propose the creation of a regional multilateral resource management body as a solution to reduce the tension currently rife in the region. The options presented serve as illustrations designed to stimulate constructive discussion on a comprehensive multilateral interim solution to these difficult and dangerous disputes. Sharing the Resources of the South China Sea will be of interest to international decision-makers, negotiators, and academics desirous of a peaceful solution to these disputes.
Download or read book The Kalayaan Islands written by Philippines. Ministry of National Defense and published by . This book was released on 1982 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 274 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 South China Sea in Focus written by Gregory B. Poling and published by Rowman & Littlefield. This book was released on 2013-07-26 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Satellite imagery and geospatial analysis tools offer an unprecedented opportunity to harness new technologies in order to help resolve boundary disputes. The South China Sea in Focus: Clarifying the Limits of Maritime Dispute uses these tools to provide a first and necessary step toward tackling the overlapping maritime disputes in the South China Sea: determining which waters are and are not in dispute under international law. The report opens with a set of geographic information system (GIS)–based maps that provide an easily understandable benchmark against which policymakers and academics can judge the claims and actions of the South China Sea claimants. More detailed color maps and methodological information follow for those who want to dig deeper into the claims and the report’s conclusions.
Download or read book The South China Sea Dispute written by Ian Storey and published by ISEAS-Yusof Ishak Institute. This book was released on 2016-05-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing tensions in the South China Sea have propelled the dispute to the top of the Asia-Pacific’s security agenda. Fuelled by rising nationalism over ownership of disputed atolls, growing competition over natural resources, strident assertions of their maritime rights by China and the Southeast Asian claimants, the rapid modernization of regional armed forces and worsening geopolitical rivalries among the Great Powers, the South China Sea will remain an area of diplomatic wrangling and potential conflict for the foreseeable future. Featuring some of the world’s leading experts on Asian security, this volume explores the central drivers of the dispute and examines the positions and policies of the main actors including China, Taiwan, the Southeast Asian claimants, America and Japan. The South China Sea Dispute: Navigating Diplomatic and Strategic Tensions provides readers with the key to understanding how this most complex and contentious dispute is shaping the regional security environment.
