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Maritime and Territorial Disputes in the South China Sea

Maritime and Territorial Disputes in the South China Sea
Author: Yih-Jye Hwang
Publisher: Routledge
Total Pages: 260
Release: 2021-03-09
Genre: Law
ISBN: 1000357848

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This edited volume rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.


Beyond Territorial Disputes in the South China Sea

Beyond Territorial Disputes in the South China Sea
Author: Robert C. Beckman
Publisher: Edward Elgar Publishing
Total Pages: 372
Release: 2013-01-01
Genre: Law
ISBN: 1781955948

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'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea. The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development. Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.


Maritime and Territorial Disputes in the South China Sea

Maritime and Territorial Disputes in the South China Sea
Author: Yih-Jye Hwang
Publisher: Routledge
Total Pages: 222
Release: 2021
Genre: Political Science
ISBN: 9781003035855

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"This edited volume rethinks the relationship between power and law in the age of China's rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China"--


The South China Sea Maritime Dispute

The South China Sea Maritime Dispute
Author: Leszek Buszynski
Publisher: Routledge
Total Pages: 283
Release: 2014-09-25
Genre: Social Science
ISBN: 1317935470

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The South China Sea is a major strategic waterway for trade and oil shipments to Japan, Korea as well as southern China. It has been the focus of a maritime dispute which has continued now for over six decades, with competing claims from China, Vietnam, the Philippines, Indonesia and Brunei. Recently China has become more assertive in pressing its claims – harassing Vietnamese fishing vessels and seizing reefs in the Philippine claim zone. China has insisted that it has "indisputable sovereignty" over the area and has threatened to enforce its claim. All of this is unsettling and draws in the United States which is concerned about freedom of navigation in the area. The US has been supporting the Philippines and has been developing security ties with Vietnam as a check upon China. This book examines the conflict potential of the current dispute, it discusses how the main claimants and the United States view the issue, and assesses the prospects for a resolution of the problem.


The South China Sea Disputes

The South China Sea Disputes
Author: Nalanda Roy
Publisher: Lexington Books
Total Pages: 173
Release: 2016-12-02
Genre: Political Science
ISBN: 1498536247

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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.


Recent Developments in the South China Sea Dispute

Recent Developments in the South China Sea Dispute
Author: Wu Shicun
Publisher: Routledge
Total Pages: 288
Release: 2014-05-30
Genre: Law
ISBN: 1317817648

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The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.


China's Maritime Boundaries in the South China Sea

China's Maritime Boundaries in the South China Sea
Author: Jinming Li
Publisher: Routledge
Total Pages: 234
Release: 2020-11-29
Genre: Political Science
ISBN: 1000200760

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Maritime boundary disputes in the South China have existed for centuries, and researchers from a variety of countries have analysed the situation from a great many points of view. Yet, and despite its status as one of the major countries in the region, Chinese perspectives have often been absent from the international literature. This book redresses that balance. Bringing together scholarship from history and international law, this book provides a lens through which maritime territorial disputes in the South China Sea can be interrogated. Not only does it detail the historical and jurisprudential evidence that support maritime boundaries in the South China Sea for different stakeholders, but it also clarifies some misconceptions related to China’s nine-dash lines by referring to the United Nations Convention on the Law of the Sea. Moreover, the book offers in-depth discussion and observation on the most recent developments in the South China Sea. This book is an essential resource for researchers, teachers and students who specialize in Southeast Asian Studies, China maritime studies, and the international law of the sea.


China's Policy Towards Territorial Disputes

China's Policy Towards Territorial Disputes
Author: Chi-kin Lo
Publisher: Routledge
Total Pages: 167
Release: 2003-09-02
Genre: Political Science
ISBN: 1134984650

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Since 1949 and the founding of the People's Republic, China has been involved in more than one territorial dispute with its neighbours. Currently the most unstable and dangerous dispute is the one over the Paracel and Spratly islands in the South China Sea. With their potentially rich and accessible petroleum resources, these islands have become the new arena of conflict for the 1970s and 1980s, China having already fought a war with South Vietnam over the Paracel Islands. This book, based on a wealth of primary materials in the Chinese language, is the first to make a thorough and overall investigation of China's policy towards these islands. It deals with the battle for the Paracels, the dispute with Vietnam, the disputes with the Philippines and Malaysia, and the relationship between the territorial disputes and China's maritime claims in the South China Sea.


Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
Author: Seoung Yong Hong
Publisher: BRILL
Total Pages: 325
Release: 2009
Genre: Law
ISBN: 9004173439

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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.


Territorial Disputes in the South China Sea

Territorial Disputes in the South China Sea
Author: J. Huang
Publisher: Springer
Total Pages: 212
Release: 2014-12-09
Genre: Political Science
ISBN: 1137463686

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Heightened tensions in the South China Sea have raised serious concerns about the dangers of conflict in this region as a result of unresolved, complex territorial disputes. This volume offers detailed insights into a range of country-perspectives, addressing the historical, legal, structural, regional and multilateral dimensions of these disputes