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Law of the Sea in South East Asia: Environmental, Navigational and Security Challenges

Edited by: Donald R. Rothwell, David Letts

ISBN13: 9780367075026
Published: August 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



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The UN Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment.

This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms.

The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

Subjects:
Public International Law, Other Jurisdictions , Asia
Contents:
Preface
Foreword
Contributors
Table of Cases
Table of Treaties and other International Instruments
List of Figures
The Law of the Sea and South East Asia: Donald R. Rothwell and David Letts
Maritime Claims in South East Asia: Donald R. Rothwell
An Incomplete Maritime Map: Progress and Challenges in the Delimitation
of Maritime Boundaries in South East Asia: Clive Schofield
Maritime security in South East Asia: David Letts
Advancing Marine Environmental Security in South East Asia: Challenges
and Opportunities: Robin Warner
Climate Change and the Law of the Sea in the Asia Pacific: Karen N. Scott
The Limits of the Natural State Doctrine: Rocks, Islands and Artificial
Intervention in a Changing World: Imogen Saunders
The Law of the Sea, Status, and Message Ambiguity: Rob McLaughlin
The United Nations Convention on the Law of the Sea in South East Asia:
Smooth Sailing or Stormy Seas?: Tim Stephens
‘Do As I Do, Not As I Say’ – Navigational Freedom and the Law of the Sea
Convention: Dale Stephens and Tim Quadrio
Regimes of Navigation and Maritime Security in the South East Asia:
Hitoshi Nasu
Crossing the Rubicon: Singapore’s Evolving Relations with China
in the Context of the 2016 Arbitral Award: See Seng Tan
Saving the South China Sea fishery and building habits of cooperation:
Marina Tsirbas
Dispute Resolution and the Law of the Sea following the South China Sea
Arbitration: Natalie Klein
Challenges for the Law of the Sea in South East Asia: Resolving Current
Controversies and Addressing Horizon Threats: David Letts and Donald R. Rothwell