International Law Of The Sea In The Twenty First Century The State Practice In East Asia

The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.

The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.

Xi Jinping has made his ambitions for the People's Liberation Army (PLA) perfectly clear, there is no mystery what he wants, first, that China should become a "great maritime power" and secondly, that the PLA "become a world-class armed force by 2050." He wants this latter objective to be largely completed by 2035. China as a Twenty-First-Century Naval Power focuses on China's navy and how it is being transformed to satisfy the "world class" goal. Beginning with an exploration of why China is seeking to become such a major maritime power, author Michael McDevitt first explores the strategic rationale behind Xi's two objectives. China's reliance on foreign trade and overseas interests such as China's Belt and Road strategy. In turn this has created concerns within the senior levels of China's military about the vulnerability of its overseas interests and maritime life-lines. is a major theme. McDevitt dubs this China's "sea lane anxiety" and traces how this has required the PLA Navy to evolve from a "near seas"-focused navy to one that has global reach; a "blue water navy." He details how quickly this transformation has taken place, thanks to a patient step-by-step approach and abundant funding. The more than 10 years of anti-piracy patrols in the far reaches of the Indian Ocean has acted as a learning curve accelerator to "blue water" status. McDevitt then explores the PLA Navy's role in the South China Sea and the Indian Ocean. He provides a detailed assessment of what the PLAN will be expected to do if Beijing chooses to attack Taiwan potentially triggering combat with America's "first responders" in East Asia, especially the U.S. Seventh Fleet and U.S. Fifth Air Force. He conducts a close exploration of how the PLA Navy fits into China's campaign plan aimed at keeping reinforcing U.S. forces at arm's length (what the Pentagon calls anti-access and area denial [A2/AD]) if war has broken out over Taiwan, or because of attacks on U.S. allies and friends that live in the shadow of China. McDevitt does not know how Xi defines "world class" but the evidence from the past 15 years of building a blue water force has already made the PLA Navy the second largest globally capable navy in the world. This book concludes with a forecast of what Xi's vision of a "world-class navy" might look like in the next fifteen years when the 2035 deadline is reached.

This edited volume brings together distinguished scholars in an interdisciplinary discussion of the implementation of Article 123 of the LOSC in East Asia and Europe and offers insights for promoting maritime cooperation in semi-enclosed seas.

'This book is recommended for anyone wanting to quickly get up to speed with oceans governance, bearing in mind at this stage it is an immature and quickly developing field. The strength of the book is that it is grounded in real-world examples from four case study countries and in this context at the very least exposes the reader to emergent oceans governance and policy issues. . . an excellent starting point for further analysis of oceans governance and sets up a research agenda for the future.' - Murray Patterson, Journal of Ecological Economics