Asian Approaches to International Law and the Legacy of Colonialism

The Law of the Sea, Territorial Disputes and International Dispute Settlement

Edited by Jin-Hyun Paik, Seok-Woo Lee, Kevin Y. L. Tan

© 2013 – Routledge

184 pages

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Paperback: 9781138805026
pub: 2014-06-23
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About the Book

The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region.

The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region.

Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

Table of Contents

1. Globalization and International Adjudication, Paik Jin-Hyun 2. Procedural and Evidentiary Innovations in the Judgment of November 2003 of the ICJ in the Oil Platforms Case, Jamal Seifi 3. Nullity and Validity: Challenges to Territorial and Boundary Judgments and Awards, Kaiyan Homi Kaikobad 4. The Role of History in International Territorial Dispute Settlement: the Pedra Branca Case (Singapore v Malaysia), Kevin YL Tan 5. Analysis of Korea’s Claim of Sovereignty over Gando/ Jiandao Area in China under International Law, Seok-Woo Lee 6. Implications of the Border Regime Between North Korea and China, Seok-Woo Lee & Chang-Hoon Shin 7. From the Era of Colonialism to Globalization: Making Rules in the GATT/WTO, Surendra Raj Bhandari 8. The Responsibility to Protect, MCW Pinto

About the Editors

Jin-Hyun Paik, Judge, International Tribunal for the Law of the Sea; Professor, Graduate School of International Studies, Seoul National University, Korea

Seok-Woo Lee, Professor, INHA University Law School, Korea, Director, INHA Ocean Law Centre; Chairman, DILA.

Kevin YL Tan, Professor (Adjunct), Faculty of Law, National University of Singapore; Professor (Adjunct), S Rajaratnam School of International Studies, Nanyang Technological University.

About the Series

Routledge Research in International Law

The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research.  Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW051000
LAW / International
POL011000
POLITICAL SCIENCE / International Relations / General
POL045000
POLITICAL SCIENCE / Colonialism & Post-Colonialism