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Toward a New Framework for Peaceful Settlement of China's Territorial and Boundary Disputes

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ISBN13: 9789004174283
Published: February 2009
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £105.00



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As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in China’s international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes.

This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of China’s major territorial and boundary disputes.

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Subjects:
Other Jurisdictions , China
Contents:
PREFACE
ACKNOWLEDGEMENTS
CASES CITED
INTRODUCTION
I EVOLUTION AND CURRENT TENDENCIES OF RESOLUTION OF TERRITORIAL AND BOUNDARY DISPUTES
1. The Nature of Territorial and Boundary Disputes
Concepts of Territory and Boundary
Concepts of Territorial and Boundary Disputes
- International Disputes
- Classification of International Disputes
- Territorial and Boundary Disputes
Some Features of New Territorial and Boundary Disputes
2. Settlement of Territorial and Boundary Disputes
Concept of Settlement of Territorial and Boundary Disputes
Legal Justifications
- Treaty; Effective Control
- Uti Possidetis
- History; Geography; Economy; Equity
The Role of Critical Date in Territorial and Boundary Disputes
Analysis of Existing Dispute Resolution Mechanisms
- The Principle of Peaceful Settlement of International Disputes
- Negotiations and Consultations
- Mediation, Good Offices, Conciliation and Inquiry
- Arbitration and Adjudication
Some Tendencies Concerning International Dispute Resolution Mechanisms
II SPECIFIC FEATURES OF CHINA’S APPROACH TO INTERNATIONAL LAW AND DISPUTE RESOLUTION MECHANISMS
3. China’s Approach to International Law
Problems
- The Continuity of the Traditional Concepts
- Li and Fa
- The Chinese Pragmatic Approach to International Law
- Sovereignty – China’s Perforated Shield
- Attitude to the Sources of International Law Adjudication
Opportunities
- Change in Ideology
- A Rising Sense of Fa
- Motives for Legal Perspective
- The Legal Implications of the Principles of Status Quo and Joint Development
Attitude to the Sources of International
4. China’s Approach to International Dispute Resolution Mechanisms
Problems
- The Role of Chinese Nationalism
- Adherence to Negotiations and Consultations
Opportunities
- Changing Attitude towards the ICJ
- The Dispute Settlement System of the 1982 UNCLOS and China’s Options
- The Political Implications of the ICJ and Other International Courts and Tribunals
Outlines of the Proposed Framework
III CASE STUDY OF CHINA’S CURRENT TERRITORIAL AND BOUNDARY DISPUTES
5. The Sino-Japanese Disputes in the East China Sea
History of Disputes
Conflicting Claims
- Conflicting Claims over the Ownership of the Diaoyu/Senkaku Islands
Chinese Claims; Japanese Claims
- Different Views on the Maritime Delimitation in the East China Sea
Chinese View; Japanese View
Appraisal
- The Dispute over the Sovereignty of the Diaoyu/Senkaku Islands
- The Maritime Boundary Dispute
A New Framework for Settlement
6. The Disputes over the Spratly Islands
History of Disputes
Conflicting Claims
- Chinese Claims; Vietnamese Claims; Philippine Claims; Malaysian Claims; Bruneian Claims
Appraisal
- The Situation in the Light of the Indonesia v. Malaysia case
- Treaties Related to the Case of the Spratly Islands Disputes
- Effectivités
A New Framework for Settlement
7. The Sino-Indian Border Disputes
History of Disputes
Conflicting Claims
- Indian Claims; Chinese Claims
Appraisal
- The Situation in the Light of Frontier Dispute (Benin/Niger) Case
- Western Sector; Middle Sector; Eastern Sector
A New Framework for Settlement
CONCLUSIONS
BIBLIOGRAPHY
INDEX