The Spratly Islands and International Law: Legal Solutions to Coexistence and Cooperation in Disputed Areas

International Law

The Spratly Islands and International Law: Legal Solutions to Coexistence and Cooperation in Disputed Areas

By Xuechan Ma
Brill Nijhoff December 2021

Specifications

ISBN-13
9789004504325
Publisher
Brill Nijhoff
Publication
December 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, Ma draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.

Table of Contents

Abbreviations
Table of Cases
List of Treaties
Chapter 1. Introduction
Part 1. Coexistence: Setting out Predictable Territorial Order and Permissible Scope for Unilateralism
Chapter 2. The Underlying Territorial Dispute
Chapter 3. Identifying Disputed Marine Areas
Chapter 4. The Permissible Scope for Unilateralism
Part 2. Cooperation: Facilitating Resource and Pollution Management
Chapter 5. Duty to Cooperate
Chapter 6. Cooperation in Managing Hydrocarbon Resources
Chapter 7. Cooperation in Managing Fishery Resources
Chapter 8. Cooperation in Managing Pollution
Chapter 9. Conclusion
Selected Bibliography
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