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On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Ar...
This book discusses the South China Sea dispute from a Chinese perspective with regards to history, law, international politics, the economy, diplomacy and military affairs. Not only does it detail China's official position on the sovereignty and maritime disputes in the South China Sea, but also provides analyses of the related factors influencing the origin and development of these disputes. It further assesses the complexity, internationalisation and long-term struggle over the South China Sea and China's efforts in dispute resolution.Solving Disputes for Regional Cooperation and Development aims to help readers better understand a Chinese perspective on the complexity of the South China ...
Combining practical and theoretical approaches, this book addresses the political, legal and economic implications of maritime disputes in East Asia. The maritime disputes in East Asia have multiplied over the past few years, in parallel with the economic growth of the countries in the region, the rise of nationalist movements, fears and sometimes fantasies regarding the emergence of the People’s Republic of China (PRC) as a global power, increasing military expenses, as well as speculations regarding the potential resources in various disputed islands. These disputes, however, are not new and some have been the subject of contention and the cause of friction for decades, if not centuries ...
The Paracel Islands and South China Sea disputes require better understanding by U.S. policymakers in order to address the regions challenges. To attain that needed understanding, legal aspects of customary and modern laws are explored in this monograph to analyze the differences between competing maritime and territorial claims, and why and how China and Vietnam stake rival claims or maritime legal rights. Throughout, U.S. policies are examined through U.S. conflicted interests in the region. Recommendations for how the United States should engage these issues, a more appropriate task than trying to solve the disputes outright, are then offered.
This book explores the U.S.-China maritime relationship, examining the development and implementation of the maritime strategies of both the United States and China. Delving into the U.S.-China maritime relationship within the global context, the book investigates six key maritime regions: the South China Sea, the Northeast Asia waters (the East China Sea, the Yellow Sea), the Indian Ocean, the South Pacific Ocean, as well as the Arctic and Antarctic regions. Its observations form a comprehensive exploration of these regions and their significance in shaping the dynamics between the two nations, and this analysis reveals that an expanded view is necessary to discover and clearly display the role that these maritime regions currently—and could potentially—play in overarching U.S.-China relations. Examining both the ongoing conflicts and opportunities for cooperation in the global maritime domain between the United States and China, this book will be a valuable resource to students and scholars of international relations, Chinese and U.S. politics, strategic studies, and maritime studies.
This book focuses on the legal and procedural problems caused by China’s default in the South China Sea Arbitration. Many of these problems arose because in several respects, China departed from the conduct of other defaulting States in cases before the International Court of Justice. The book argues that the Tribunal, confronted with the difficulties of maintaining the balance between two parties in a situation of default, drew on the full range of its powers to ensure that neither China nor the Philippines would suffer from China’s default. Further, the book describes the shortcomings of the submissions of putative amicus curiae. It refutes China’s questioning of the independence and...
Cooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.
This study brings together Asian and Asia-based experts of international relations and U.S. foreign policy to present diverse Asian views about preferred modes of U.S. engagement in the region and compare their views with U.S. interests in the region-a prerequisite exercise to truly multilateral regional security governance. With the rise of Chinese power in absolute and relative terms over the next decades as a key driving factor of the international relations in the Asia Pacific, the United States has announced its "Rebalance to Asia" (previously referred as "Pivot to Asia") strategy. Asian responses, perceptions, and even interpretations of the U.S. strategy have been diverse. Misconcepti...
Is the United States still a “superpower”? How are the rising powers establishing themselves in international politics and security? What is the future of global stability? For over a decade, Bruce Jones has had a front-row seat as the emerging powers—principally China, India, and Brazil, but also Turkey, Indonesia, Korea, and others—thrust themselves onto the global stage. From Delhi to Doha to Beijing to Brasilia, he’s met with the politicians, diplomats, business leaders, and scholars of those powers as they craft their strategies for rising influence—and with senior American officials as they forge their response. In Still Ours to Lead, Jones tells a nuanced story of American...