Maritime Order and the Law in East Asia (Hardback) book cover

Maritime Order and the Law in East Asia

Edited by Nong Hong, Gordon Houlden

Routledge

280 pages

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Hardback: 9781138561656
pub: 2018-04-05
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Description

Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.

Table of Contents

Preface

Introduction

Gordon Houlden, Nong Hong

Part I Regional Maritime Order Overview

1. China-ASEAN Relations in the South China Sea: Persistent Patterns and Obstacles to Cooperation

Sourabh Gupta

2. The East China Sea: Sea of Regional and Global Confrontation

Reinhard Drifte

Part II National Perspective

3. Historic Concepts Vs. Contemporary Maritime Regimes in UNCLOS: China’s Claims in the South China Sea

Nong Hong

4. Navigational Rights, Freedoms, and Interests in the South China Sea: The Philippines’ Perspective

Jay Batongbacal

5. Indonesia: An Archipelagic State's Perspectives on the Law of the Sea

Etty R. Agoes

6. Balancing the Rights of Coastal States and User States in the Post-UNCLOS Age: Vietnam and Navigational Rights

Hao Duy PHAN

7. The United States and Accession to UNCLOS: A Case of How Domestic Political Polarization Results in Free Ridership

Anastasia Telesetsky

Part III Navigation Related Issues and UNCLOS

8. Freedom of Navigation and the UNCLOS Order

Mira Rapp-Hooper

9. The Prior Notification Issue of Military Activities in EEZ

Yang Ying

10. Maritime Confidence Building Measures: Assessing China-US MOU on Notification of Major Military Activities and Rules of Behavior

Yan Yan

Part IV Maritime Entitlement, Delimitation and Dispute Settlement and UNCLOS

11. The Sino-Philippine Arbitration on the South China Sea Disputes: A Preliminary Assessment of the Merits Award

Michael Sheng-ti Gau

12. Archipelagos and Archipelagic Regimes in the Law of the Sea

Sophia Kopela

13. Low-tide Elevations: A Contemporary Analysis

Bao Yinan

14. Resolving Disputes under UNCLOS when the Coastal and User States are Disputed

Natalie Klein

About the Editors

Gordon Houlden is the Director of the China Institute, Professor of Political Science and Adjunct Professor of the Alberta School of Business at the University of Alberta.

Nong Hong heads the Institute for China-America Studies (ICAS). She is a research fellow with China Institute, University of Alberta, the National Institute for South China Sea Studies and the China Center for Collaborated Studies on the South China Sea, Nanjing University.

Subject Categories

BISAC Subject Codes/Headings:
BUS070100
BUSINESS & ECONOMICS / Industries / Transportation
LAW066000
LAW / Maritime