Law International Law

Maritime Order and the Law in East Asia

Edited by Gordon Houlden · Nong Hong
Routledge April 2018

Specifications

ISBN-13
9781138561656
Publisher
Routledge
Publication
April 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 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 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
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