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Vol 21 No 10 Oct/Nov 2016

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Freedom of Navigation and Globalization

Edited by: Myron H. Nordquist

ISBN13: 9789004284074
Published: December 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £103.00



Despatched in 11 to 13 days.

Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts.

Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies.

Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic.

In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored.

Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated.

Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.

Subjects:
Public International Law
Contents:
Part I: Counter Piracy Operations - Asia
Combatting Piracy and Armed Robbery in Southeast Asia: An Evolution in Cooperation
Tara Davenport
The Small But Magnificent Counter-Piracy Operations of the Republic of Korea
Youngjoo CHO

Part II: Transnational Threats
Counter Proliferation Activities and Freedom of Navigation
Douglas Guilfoyle
Slipping the Net: Why is it so Difficult to Crack Down on IUU Fishing?
Seokwoo Lee, Anastasia Telesetsky, and Clive Schofield
Regulation of Private Maritime Security Companies in International Law
James Kraska

Part III: Developments in Arctic Ocean
Arctic Council Update
Ernst Nordtveit
Communications Between the Arctic States and North Pacific Asian States on the Arctic Issues
Jong Deog Kim and Anna Jane Choi

Part IV: Energy Security and Sealanes
Institutional Building for Maritime Security in Southeast Asia: the Role of ASEAN
Hao Duy Phan
Freedom of Navigation and the Chinese Straight Baselines in the South China Sea
Kuen-chen FU
The Cooperative Mechanism in the Straits of Malacca and Singapore
Leonardo Bernard

Part V: Balancing Marine Environment and Freedom of Navigation
European Law and Policy Review: Striking a Balance Between Ecosystem Considerations and Navigation Rights Under the Marine Strategy Framework Directive, the Law of the Sea Convention and the Draft Directive on Maritime Spatial Planning
Ronán Long
Responsibility of Flag States for Pollution of the Marine Environment: The Relevance of the UNCLOS Dispute Settlement Regime
Robert Beckman
Cooperative Environmental Mechanisms for the South China Sea
Shichun WU

Part VI: Marine Data Collection
Marine Data Collection: US Perspectives
J. Ashley Roach
Global Ocean Challenges
Stephen A. Macko;