The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

'This book is recommended for anyone wanting to quickly get up to speed with oceans governance, bearing in mind at this stage it is an immature and quickly developing field. The strength of the book is that it is grounded in real-world examples from four case study countries and in this context at the very least exposes the reader to emergent oceans governance and policy issues. . . an excellent starting point for further analysis of oceans governance and sets up a research agenda for the future.' - Murray Patterson, Journal of Ecological Economics

As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

The South China Sea has long been a source of conflict and represents a core contemporary security issue in the Indo-Asia-Pacific region. This book offers an empirical analysis of the global ocean's most contested maritime territory, the South China Sea and its agents of contest.

In recent decades, East Asia has become increasingly interconnected through trade, investment, migration, and popular culture at regional and global levels. At the same time, the region has seen renewed national assertiveness and nationalist impulses. The book interrogates these seemingly contradictory developments as they bear on the transformations of the nation and citizenship in East Asia. Conventionally, studies on East Asia juxtapose these developments, focusing on the much-exercised dichotomy of the national and transnational. In contrast, this book suggests a different orientation. First, it moves beyond the simplistic view that demarcates the transnational as "the West". Second, it does not view the national and transnational as distinct or contradictory spheres of influence and analysis, but rather, focuses on the interactions between the two, with a view on how these interactions work to transform the ideals and practices of the "good nation", "good society", and "good citizen". The chapters cover a broad range of empirical research--education, science, immigration, multicultural policy, human rights, gender and youth orientations, art and food flows, politics of values and regional identity--which highlight the ways in which the nation is reconfigured, and the relationship between the citizen and (national) collective is redefined, in relation to transnational dynamics and frameworks. Transnational Trajectories in East Asia provides a new perspective on and original analysis of transnational processes, bringing a fresh understanding to developments of the nation and citizenship in the region. It will be of great interest to students and scholars of transnationalization and globalization; comparative citizenship, migration, and multiculturalism; and Asian politics, society, and regionalism.

This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.

The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.

For a country of its size, Taiwan has a tremendous influence on world affairs and U.S. policy. The U.S.-Taiwan-China Relationship in International Law and Policy describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. In this book, Lung-chu Chen gives particular attention to Taiwan's status under international law, and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan. This book endorses the central purpose of the Taiwan Relations Act--achieving a peaceful resolution to the Taiwan question--while offering policy alternatives that will empower Taiwan to participate more actively in the international arena. This book follows in the tradition of the New Haven School of international law. As such, it defines the common interests of the world community, which include demands for human dignity and security and the protection of human rights in accordance with bedrock norms such as the right to self-determination and the peaceful resolution of conflict. Chen proposes that in accordance with international law, historical trends, and contemporary political conditions, the people of Taiwan should ultimately determine a path to normalized statehood through a plebiscite under the supervision of the international community.

Already in its sixth year of existence, this "Documentary Yearbook" provides you with the only independent collection of documents related to ocean affairs and the law of the sea, issued each year by international organizations. The "Yearbook" is arranged systematically and thereby gives the community of scholars and practitioners in ocean affairs and the law of the sea much improved access to essential documentation. Like the previous volumes, the 1990 volume focuses on the United Nations family of international organizations and on several non-UN intergovernmental organizations of developing states. The most important documents which were issued in the course of 1990 are reproduced (in whole or in part), while other relevant documents are listed. An extensive index of Keywords facilitates access by the reader to the complex and often interrelated matters dealt with by various organizations as well as to the information concerning individual states, regions and international instruments.