Freedoms Of Navigation In The Asia Pacific Region
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| Author | : Sam Bateman |
| Publisher | : Routledge |
| Total Pages | : 138 |
| Release | : 2019-09-16 |
| Genre | : Law |
| ISBN | : 0429557086 |
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 |
"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 | : Myron H. Nordquist |
| Publisher | : BRILL |
| Total Pages | : 523 |
| Release | : 2019-11-11 |
| Genre | : Law |
| ISBN | : 9004412026 |
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.
| Author | : Donald R. Rothwell |
| Publisher | : BRILL |
| Total Pages | : 389 |
| Release | : 2021-10-18 |
| Genre | : Law |
| ISBN | : 9004482660 |
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 | : Mohan Malik |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 312 |
| Release | : 2014-09-24 |
| Genre | : Political Science |
| ISBN | : 1442235330 |
In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.
| Author | : James Crawford |
| Publisher | : BRILL |
| Total Pages | : 294 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004482202 |
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 | : Myron H. Nordquist |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 330 |
| Release | : 2014-10-09 |
| Genre | : Law |
| ISBN | : 9004284087 |
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.
| Author | : Robert G. Patman |
| Publisher | : Springer Nature |
| Total Pages | : 365 |
| Release | : 2021-11-24 |
| Genre | : Political Science |
| ISBN | : 9811670072 |
This book brings together a unique team of academics and practitioners to analyse interests, institutions, and issues affecting and affected by the transition from Asia-Pacific to Indo-Pacific. The Indo-Pacific has emerged as the world’s economic and strategic centre of gravity, in which established and rising powers compete with each other. As a strategic space, the Indo-Pacific reflects the rise of geo-political and geo-economic designs and dynamics which have come to shape the region in the early twenty-first century. These new dynamics contrast with the (neo-)liberal ideas and the seemingly increasing globalisation for which the once dominant ‘Asia-Pacific’ regional label stood.
| Author | : Nong Hong |
| Publisher | : Routledge |
| Total Pages | : 310 |
| Release | : 2018-03-22 |
| Genre | : Business & Economics |
| ISBN | : 1351358227 |
Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
| Author | : U S Military |
| Publisher | : |
| Total Pages | : 96 |
| Release | : 2019-06-02 |
| Genre | : |
| ISBN | : 9781071406878 |
This important report was issued by the Department of Defense in June 2019. The Indo-Pacific is the Department of Defense's priority theater. The United States is a Pacific nation; we are linked to our Indo-Pacific neighbors through unbreakable bonds of shared history, culture, commerce, and values. We have an enduring commitment to uphold a free and open Indo-Pacific in which all nations, large and small, are secure in their sovereignty and able to pursue economic growth consistent with accepted international rules, norms, and principles of fair competition. The continuity of our shared strategic vision is uninterrupted despite an increasingly complex security environment. Inter-state strategic competition, defined by geopolitical rivalry between free and repressive world order visions, is the primary concern for U.S. national security. In particular, the People's Republic of China, under the leadership of the Chinese Communist Party, seeks to reorder the region to its advantage by leveraging military modernization, influence operations, and predatory economics to coerce other nations. In contrast, the Department of Defense supports choices that promote long-term peace and prosperity for all in the Indo-Pacific. We will not accept policies or actions that threaten or undermine the rules-based international order - an order that benefits all nations. We are committed to defending and enhancing these shared values.China's economic, political, and military rise is one of the defining elements of the 21st century. Today, the Indo-Pacific increasingly is confronted with a more confident and assertive China that is willing to accept friction in the pursuit of a more expansive set of political, economic, and security interests. Perhaps no country has benefited more from the free and open regional and international system than China, which has witnessed the rise of hundreds of millions from poverty to growing prosperity and security. Yet while the Chinese people aspire to free markets, justice, and the rule of law, the People's Republic of China (PRC), under the leadership of the Chinese Communist Party (CCP), undermines the international system from within by exploiting its benefits while simultaneously eroding the values and principles of the rules-based order.This compilation includes a reproduction of the 2019 Worldwide Threat Assessment of the U.S. Intelligence Community. 1. Introduction * 1.1. America's Historic Ties to the Indo-Pacific * 1.2. Vision and Principles for a Free and Open Indo-Pacific * 2. Indo-Pacific Strategic Landscape: Trends and Challenges * 2.1. The People's Republic of China as a Revisionist Power * 2.2. Russia as a Revitalized Malign Actor * 2.3. The Democratic People's Republic of Korea as a Rogue State * 2.4. Prevalence of Transnational Challenges * 3. U.S. National Interests and Defense Strategy * 3.1. U.S. National Interests * 3.2. U.S. National Defense Strategy * 4. Sustaining U.S. Influence to Achieve Regional Objectives * 4.1. Line of Effort 1: Preparedness * 4.2. Line of Effort 2: Partnerships * 4.3. Line of Effort 3: Promoting a Networked Region * Conclusion
