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Vol 21 No 10 Oct/Nov 2016

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Asian Approaches to International Law and the Legacy of Colonialism and Imperialism: The Law of the Sea, Territorial Disputes and International Dispute Settlement

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

ISBN13: 9781138805026
Published: June 2014
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £34.99
Hardback edition , ISBN13 9780415679787



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Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

Subjects:
Public International Law, Other Jurisdictions , Asia
Contents:
1. Introduction: The Law of the Sea, Dispute Settlement, and Colonialism in International Law
2. Globalization & International Adjudication, Jin-Hyun Paik
3. The Current Challenges of the Commission on Continental Shelf, Surya Subedi
4. What is State Practice with Special Reference to Straight Baselines? Masahiro Miyoshi
5. The Current Status of the Dispute in the East China Sea Between China and Japan, Bing Bing Jia
6. The Role of History in International Dispute Settlement: The Pedra Branca Case (Singapore/Malaysia), Kevin YL Tan
7. Procedural and Evidentiary Innovations in the Judgment of November 2003 of the ICJ in the Oil Platforms Case, Jamal Seifi
8. Environmental Dispute Settlement: Making Sense of Compliance Mechanisms, Bharat H Desai
9. Nullity and Validity: Challenges to Territorial and Boundary Judgments and Awards, Kaiyan Homi Kaikobad
10. The Responsibility to Protect, M Christopher W Pinto
11. The Responsibility to Protect (R2P), Imperialism and International Law, Bhupinder S Chimni
12. The Shaping of Discourse: Colonialism and International Law, Hee Eun Lee & Seok-Woo Lee
13. Interrogating Colonialism: Bakassi and the Imperative of Exorcising the Ghost of Eurocentric International Law, Dakas CJ Dakas
14. From the Era of Colonialism to Globalization: Making Rules in the GATT/WTO, Surendra Raj Bhandari