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Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, ...
Recent Developments in the Law of the Sea And China
The focus of this book is on current ocean law and policy issues particularly in the region around China. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.
Governing Ocean Resources
This collective work of a renowned group of scholars, Governing Ocean Resources: New Challenges and Emerging Regimes, edited by Jon M. Van Dyke, Sherry P. Broder,Seokwoo Lee and Jin-Hyun Paik, examines the current state of the Law of the Sea today, offers a variety of new approaches to the field, and serves as a tribute to the late Judge Choon-ho Park, whose profound depth of learning and indomitable spirit of optimism regarding the possibilities of reform and improvement comprised an immense contribution to the study of the Law of the Sea.
International Approaches to Hydrocarbon Development in Disputed Zones
This book analyses the legal obstacles associated with the advancement of unitization processes and procedures at an international level. Using case studies in international (cross-border) unitization and joint development agreements, the book uses regional examples from the Americas, Europe, Africa and the Middle East. It also touches upon case studies related to ongoing disputes from the South China Sea, Mediterranean Sea and Gulf of Guinea. Focusing on best practices which have influenced the development of the unitization concept, the book looks at the formulation of different models and agreements, and their potential impact on unexplored hydrocarbon resources, particularly in cases where unitization is necessary. The book will be of interest to practitioners, scholars and students in the field of natural resource law, international law and unitization.
Joint Development of Offshore Oil and Gas Resources in the Arctic Ocean Region and the United Nations Convention on the Law of the Sea
The Arctic Ocean region presents certain challenges to peaceful cooperation between states, particularly in the locations where ocean boundaries and ownership of the related resources are disputed. The establishment of Joint Development Zones (JDZs) for the development of offshore oil and gas resources in the Arctic Ocean can facilitate international cooperation over resource development where there are competing claims. These claims are generally based on continental shelf jurisdiction under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). There are several alternative dispute resolution measures available under UNCLOS, however, a number of states have preferred to adopt a JDZ as an interim measure to allow development. The significance of JDZs for the Arctic Ocean region is that they can allow peaceful cooperation and development where the specific circumstances of Arctic claims make it difficult for the respective states to agree on the maritime boundary.
UNCLOS and Ocean Dispute Settlement
The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book’s central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overl...
Security and International Politics in the South China Sea
The South China Sea has long been regarded as a major source of tension and instability in East Asia. Managing the risk of possible conflict over disputed claims in the South China Sea has been a significant challenge for regional relations. This book explores international politics and security in the South China Sea. It outlines the history of the South China Sea disputes, and the efforts that have been made to resolve these, assessing the broader strategic significance of the region for major geopolitical powers. In addition, new challenges have emerged of resource management, environmental protection, and most recently, of the security and safety of shipping against the threats of piracy and maritime terrorism. The book discusses the convergence of traditional and non-traditional security issues now appearing to provide a basis for co-operation in the South China Sea. It shows how the challenge of establishing co-operative relations is now being met, largely through agreement between the Association of Southeast Asian Nations (ASEAN) and China in 2002 on the Declaration on the Conduct of Parties in the South China Sea, and a range of recent measures for functional co-operation.
Maritime Delimitation and Interim Arrangements in North East Asia
This work will be a useful guide for those who look for rules and practice on the relations between neighboring States in the absence of maritime boundaries. The main question the author is trying to tackle is how to handle the relations between neighboring coastal States when there is no maritime boundary in place. This book attempts to clarify the legal issues of exploitation of oil, gas and fisheries resources, and jurisdictional conflicts with regard to marine scientific research and protection of the marine environment in disputed areas. This book shows numerous instances of provisional arrangements in disputed areas around the globe together with as many as forty-five valuable maps. The author, a scholar and diplomat of Korea, gives an up-to-date and in-depth analysis of the complicated legal issues of maritime delimitation and provisional arrangements in North East Asia. The English texts of the provisional arrangements in the region annexed to the book are also valuable materials.
International Law and Boundary Disputes in Africa
Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disp...
Recent Developments in the South China Sea Dispute
The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.
