Freedoms Of Navigation In The Asia Pacific Region
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Author | : Sam Bateman |
Publisher | : Routledge |
Total Pages | : 139 |
Release | : 2019-09-16 |
Genre | : Law |
ISBN | : 0429557086 |
Download Freedoms of Navigation in the Asia-Pacific Region Book in PDF, Epub and Kindle
The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.
Author | : Walter Samuel Grono Bateman |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2019-09-16 |
Genre | : Law |
ISBN | : 9780429199585 |
Download Freedoms of Navigation in the Asia-Pacific Region Book in PDF, Epub and Kindle
"The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what this constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country's territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters - the United States and China - with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea"--
Author | : Ted L. McDorman |
Publisher | : BRILL |
Total Pages | : 259 |
Release | : 2019-01-04 |
Genre | : Law |
ISBN | : 9004396276 |
Download Regulation on Navigation of Foreign Vessels Book in PDF, Epub and Kindle
This edited book, Regulation on Navigation of Foreign Vessels: Asia-Pacific State Practice, is a collection of country papers focused on one of the more contentious and diverse subject areas of the international law of the sea – foreign vessel rights of navigation in national waters.
Author | : Myron H. Nordquist |
Publisher | : BRILL |
Total Pages | : 523 |
Release | : 2019-11-11 |
Genre | : Law |
ISBN | : 9004412026 |
Download Cooperation and Engagement in the Asia-Pacific Region Book in PDF, Epub and Kindle
Cooperation and Engagement in the Asia-Pacific Region provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.
Author | : James Crawford |
Publisher | : BRILL |
Total Pages | : 294 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482202 |
Download The Law of the Sea in the Asian Pacific Region Book in PDF, Epub and Kindle
The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends.
Author | : Stuart B. Kaye |
Publisher | : |
Total Pages | : 69 |
Release | : 2016 |
Genre | : |
ISBN | : |
Download Freedom of Navigation in the Indo-Pacific Region Book in PDF, Epub and Kindle
This paper considers freedom of navigation law and practice in the Indian and Pacific Oceans.
Author | : Donald R. Rothwell |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 400 |
Release | : 2000-11-14 |
Genre | : Law |
ISBN | : 9789041114990 |
Download Navigational Rights and Freedoms, and the New Law of the Sea Book in PDF, Epub and Kindle
Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were 'open' or 'closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.
Author | : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Asia and the Pacific |
Publisher | : |
Total Pages | : 24 |
Release | : 2014 |
Genre | : China |
ISBN | : |
Download Reaffirming the Peaceful and Collaborative Resolution of Maritime and Jurisdictional Disputes in the South China Sea and the East China Sea as Provided for by Universally Recognized Principles of International Law, and Reaffirming the Strong Support of the United States Government for Freedom of Navigation and Other Internationally Lawful Uses of Sea and Airspace in the Asia-Pacific Region Book in PDF, Epub and Kindle
Author | : Arabinda Acharya |
Publisher | : World Scientific |
Total Pages | : 198 |
Release | : 2021-08-18 |
Genre | : Political Science |
ISBN | : 1800610351 |
Download South China Sea Developments And Implications For Freedom Of Navigation Book in PDF, Epub and Kindle
The South China Sea (SCS) has emerged as a theatre of political, economic, and security concerns not only for the countries in the region but also for the world at large. Contrary to conventional wisdom, the SCS issue is not about contestation over territory or control over resources alone. With military facilities including airstrips and artificial islands or structures being built in the area, concerns about freedom of navigation and the right to innocent passage have also become an overwhelming security issue and made the SCS region a flashpoint which, according to many assessments, can lead to confrontations including those involving conventional military means. Disruption of maritime passage could also hamper trade and commerce with very negative impacts on the economic development of the region and other countries. It is now being held that China could also be using the SCS disputes as part of a consorted effort to deflect geo-political pressures on account of the COVID-19 pandemic-related cover-ups and misinformation.This book explores the historical and strategic context of the South China Sea disputes and makes an assessment of the implications of the same for freedom of navigation and other regimes at sea.
Author | : Myron H. Nordquist |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 330 |
Release | : 2014-10-09 |
Genre | : Law |
ISBN | : 9004284087 |
Download Freedom of Navigation and Globalization Book in PDF, Epub and Kindle
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.