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UN Convention on the Law of the Sea and the South China Sea

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Edited by: Shicun Wu, Mark J. Valencia, Nong Hong

ISBN13: 9781472452955
Published: October 2015
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

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Subjects:
Public International Law, Other Jurisdictions , China
Contents:
Introduction: the South China Sea: UNCLOS and state practice, Shicun Wu, Mark J. Valencia and Nong Hong.

Part I Dispute Settlement Mechanism under UNCLOS: The contribution of the compulsory jurisdiction mechanism to the effective application of dispute settlement system of the 1982 United Nations Convention on the Law of the Sea: the case of ITLOS, Jose Luis Jesus
UNCLOS and the contributions of ITLOS, Helmut Tuerk.

Part II Concepts of UNCLOS Relevant to the SCS: Military activities in foreign EEZs: an update, Mark J. Valencia
'Due regards' and 'abuse of rights' in UNCLOS, Hasjim Djalal
UNCLOS and the peaceful use of the sea, Vesselin Popovski
Marine scientific research and military survey: law and state practice, Stuart Kaye
The concept of regional common heritage: its possible application in the South China Sea, Andre Tahindro.

Part III Practices of UNCLOS and the South China Sea: Trouble over the starting line: state practice concerning baselines in the South China Sea, Clive Schofield
UNCLOS navigational regimes and their significance for the South China Sea, Donald R. Rothwell
Historic waters and historic rights in the South China Sea: a critical appraisal, Clive R. Symmons
Historic rights in the South China Sea, Keyuan Zou
Legal framework for joint development in the South China Sea, Robert Beckman
State practice of UNCLOS in the South China Sea, Nong Hong
Case study on the application of Part XV of UNCLOS to the Annex VII arbitration case concerning the South China Sea disputes between China and the Philippines, Michael Sheng-ti Gau.

Index.