Peaceful Maritime Engagement in East Asia and the Pacific Region includes contributions from the most influential figures in the law of the sea to provide context and direction for developing ...maritime governance in East Asia and the Pacific Ocean. Peaceful management of disputes includes cooperation over deep seabed mining, negotiations for a legally binding instrument on biodiversity beyond national jurisdiction, contending approaches to baselines and East Asia maritime boundary disputes, freedom of navigation and maritime law enforcement. Chapters also explore new interpretations for preservation of the marine environment and the special problems posed by marine plastics and nexus between the ocean and climate change.
The Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world's oceans and their management . Brought ...together at the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), Part l reports on the work of international experts which considers the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development as well as ramifications for U.S. national security and navigational rights. The second section examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of leading academics and policy makers, the work included in Part ll brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP. Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.
Mexico and the Law of the Sea: Contributions and Compromises examines Mexico's legal work at the Third UN Conference on the Law of the Sea; its involvement at the regional Latin American meetings of ...Montevideo, Lima and Santo Domingo; and its current domestic legislation, in particular the Federal Oceans Act of 1986.
China’s Naval Operations in the South China Sea is highly topical; it examines the evolving perception of the People’s Republic of China’s (PRC) of the South China Sea (SCS), and Beijing’s ...accompanying maritime strategy to claim the islands and waters, particularly in the context of the strategies of the neighbouring stake-holding nations. In addition to long-standing territorial disputes over the islands and waters of the SCS, China and the other littoral states — Vietnam, the Philippines, Brunei, Malaysia, Taiwan, and Indonesia — have growing and often mutually exclusive interests in the offshore energy reserves and fishing grounds. Many other countries outside of the region worry about the protection of sea lines of communication for military and commercial traffic, oil tankers in particular. These differences have been expressed in the increasing frequency and intensity of maritime incidents, involving both naval and civilian vessels, sometimes working in coordination against naval or civilian targets. Each chapter on the littoral states closely examines that state’s territorial claims to the islands and waters of the SCS, its primary economic and military interests in these areas, its views on the sovereignty disputes over the entire SCS, its strategy to achieve its objectives, and its views on the U.S. involvement in any and all of these issues.
Theseventh edition of this Blue and Gold Series book brings clarity and context to international law for the seagoing professional. This book is the only work that addresses the international law of ...the sea from the perspective of the United States. For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. Written by the same former seagoing officer and maritime law professional who authored the current edition ofFarwell's Rules of the Nautical Road, this book was designedto bring clarity and context to international law for the seagoing professional.Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagicwaters,and the high seas. A highlight of the book are the chapters that focuson subjects ofgreatestinterest to the seagoing professional, including military and intelligenceactivities in the maritime domain, maritime law enforcement activities and the use of force at sea. The appendices include the text of the 1982 UN Convention on the Law of the Sea and the U.S. Senate's "understandings" of key provisions of the convention. Whether an academy cadet,amidshipman,a seasoned commanding officer,or master mariner, readers of this thorough and timely book will be rewarded with a far greater understanding of the international laws that govern ships and mariners at sea.New in this edition:Over a dozen new cases by courts and arbitration panels interpreting UNCLOS, including the South China Sea dispute between the Philippines and China.Coverage of Commercial Seafarer protections under Maritime Labor Convention.Global Responses to the Mediterranean Migrant Crisis.Coverage of the law protecting our vital submarine cables.Expanded coverage of unmanned and autonomous vessels and aircraft.Coverage on vessel health safety and quarantine measures applicable in the COVID-19 Pandemic.A new chapter surveying issues the U.S. Senate should consider in any decision regarding ratification of UNCLOS.A new appendix setting out the U.S. Navy and Coast Guard policies on sovereign immunity of government vessels and aircraft.
This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the ...situation up through 2022. Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.
Marine Biodiversity of Areas beyond National
Jurisdiction (BBNJ) identifies the major issues at stake
in the BBNJ negotiations and examines the conservation and
sustainable use of marine biological ...diversity of areas beyond
national jurisdiction. This timely volume offers cutting edge
contributions from leading global experts on access and benefit
sharing of marine genetic resources; environmental impact
assessments; capacity building and transfer of technology as well
as Arctic environmental issues including security and shipping.
Cross-cutting themes including the potential impact on existing
legal frameworks and instruments are also explored.
The International Court of Justice's judgment in 'Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea' reflects one of the most significant contributions the Court has ...made to customary international law of the sea since the 'Anglo-Norwegian Fisheries' case. This article assesses the Court's findings in the 2022 judgment in relation to customary international law and the implications of the Court's views for the law of the sea, especially as reflected in the 'United Nations Convention on the Law of the Sea'. After providing a background to the legal proceedings between Nicaragua and Colombia, the discussion focuses on the respective rights and duties of states within the exclusive economic zone, artisanal fishing rights, straight baselines, and the contiguous zone. The article concludes with reflections on the interaction of the Court's judgment with the 'United Nations Convention on the Law of the Sea'.
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