Sovereignty over the Paracel and Spratly Islands

Sovereignty over the Paracel and Spratly Islands
Author: Monique Chemillier-Gendreau
Publisher: BRILL
Total Pages: 273
Release: 2021-10-18
Genre: Law
ISBN: 9004479422

This exceptional volume deals with the hotly contested legal status of the Paracels and the Spratlys, two inhospitable archipelagos located in the South China Sea, sovereignty over which is disputed by several states. The author investigates the contribution which international law can make towards determining the rights of all parties involved. In order to do so she goes back into history to find out at each stage what the actual situation was and what its legal significance was in terms of the legal categories of the time. The originality of this work, compared to others already published on this topic, lies in its analysis of the valuable French archives. Not only these archives, but also existing legal writings have served as a basis for the investigation into the status of the archipelagos. The book sheds new and significant light on this important question.

Vietnam, Territoriality and the South China Sea

Vietnam, Territoriality and the South China Sea
Author: Hãn Nguyên Nguyễn Nhã
Publisher: Routledge
Total Pages: 158
Release: 2018-10-12
Genre: Social Science
ISBN: 0429840853

The conflict in the South China Sea, especially the sovereignty over Paracel and Spratly Islands, is of international interest and significance. Territorial claims from various countries impact on maritime freedom and result in the exploitation of natural resources in either international waters or other claimant countries’ exclusive economic zones. This book analyses Vietnam’s claim of sovereignty over Paracel and Spratly Islands. Based on a book originally published in Vietnamese, the author offers a historical analysis to examine the sovereignty of the islands from multiple perspectives. Written in English on the topic and based on rigorous analysis of historical, legal and technical evidence, the book makes the case for Vietnam’s sovereignty over Paracel and Spratly Islands. It also provides an investigation of how Vietnam has affirmed its claim of sovereignty over the islands and a discussion of how Vietnam’s claim has been received by the international community, particularly by China. The book touches on a very sensitive, topical issue of international importance with wide-ranging and serious consequences. It will be of interest to academics in the fields of Asian security studies and Southeast Asian history and politics.

The Paracel Islands and U.S. Interests and Approaches in the South China Sea

The Paracel Islands and U.S. Interests and Approaches in the South China Sea
Author: Clarence J. Bouchat
Publisher: Department of the Army
Total Pages: 222
Release: 2014
Genre: History
ISBN:

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.

Assessing Maritime Disputes in East Asia

Assessing Maritime Disputes in East Asia
Author: Barthelemy Courmont
Publisher: Taylor & Francis
Total Pages: 259
Release: 2017-04-28
Genre: History
ISBN: 1317177975

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 in a few cases. Offering a robust analysis, this volume explores disputes through the different lenses of political science, international law, history and geography, and introduces new approaches in particular to the four important disputes concerning Dokdo/Takeshima, Senkaku/Diaoyu, Paracels and Spratlys. Utilising a comparative approach, this book identifies transnational trends that occur in the different cases and, therefore, at the regional level, and aims to understand whether the resurgence of maritime disputes in East Asia may be studied on a case by case basis, or should be analysed as a regional phenomenon with common characteristics. This book will be of interest to students of Asian Politics, Maritime Security, International Security, Geopolitics and International Relations in general.

Maritime Delimitation

Maritime Delimitation
Author: Rainer Lagoni
Publisher: BRILL
Total Pages: 255
Release: 2006
Genre: Law
ISBN: 9004150331

The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.

The South China Sea

The South China Sea
Author: Bill Hayton
Publisher: Yale University Press
Total Pages: 317
Release: 2014-10-28
Genre: History
ISBN: 0300189540

China’s rise has upset the global balance of power, and the first place to feel the strain is Beijing’s back yard: the South China Sea. For decades tensions have smoldered in the region, but today the threat of a direct confrontation among superpowers grows ever more likely. This important book is the first to make clear sense of the South Sea disputes. Bill Hayton, a journalist with extensive experience in the region, examines the high stakes involved for rival nations that include Vietnam, India, Taiwan, the Philippines, and China, as well as the United States, Russia, and others. Hayton also lays out the daunting obstacles that stand in the way of peaceful resolution. Through lively stories of individuals who have shaped current conflicts—businessmen, scientists, shippers, archaeologists, soldiers, diplomats, and more—Hayton makes understandable the complex history and contemporary reality of the South China Sea. He underscores its crucial importance as the passageway for half the world’s merchant shipping and one-third of its oil and gas. Whoever controls these waters controls the access between Europe, the Middle East, South Asia, and the Pacific. The author critiques various claims and positions (that China has historic claim to the Sea, for example), overturns conventional wisdoms (such as America’s overblown fears of China’s nationalism and military resurgence), and outlines what the future may hold for this clamorous region of international rivalry.

The Spratly Islands and International Law

The Spratly Islands and International Law
Author: Xuechan Ma
Publisher: Queen Mary Studies in Internat
Total Pages: 396
Release: 2021-12-02
Genre: Law
ISBN: 9789004504325

"In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation.

The Kalayaan Islands

The Kalayaan Islands
Author: Philippines. Ministry of National Defense
Publisher:
Total Pages: 44
Release: 1982
Genre: Geopolitics
ISBN:

The Regime of Islands Reframed

The Regime of Islands Reframed
Author: Clive Schofield
Publisher: BRILL
Total Pages: 132
Release: 2021-02-08
Genre: Law
ISBN: 9004449477

In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.

Island Disputes and Maritime Regime Building in East Asia

Island Disputes and Maritime Regime Building in East Asia
Author: Min Gyo Koo
Publisher: Springer Science & Business Media
Total Pages: 217
Release: 2009-09-16
Genre: Political Science
ISBN: 0387896708

islands has emotional content far beyond any material significance because giving way on the island issue to Japan would be considered as once again compromising the sovereignty over the whole Korean peninsula. For Japan, the Dokdo issue may lack the same degree of strategic and economic values and emotional appeal as the other two territorial disputes that Japan has had with Russia and the two Chinas – namely the Northern Territories/Southern Kurile Islands and the Senkaku Islands, respectively. Nevertheless, fishing resources and the maritime boundary issues became highly salient with the introduction of UNCLOS. Also, the legal, political, and economic issues surrounding Dokdo are all intertwined with Japan’s other territorial disputes to the extent that concessions of sovereignty on any of these island disputes could jeopardize claims or negotiations concerning the rest. South Korea and Japan have forged a deeper diplomatic and economic partn- ship over the past decade. A new spirit of partnership after the landmark joint declaration of 1998 culminated in the successful co-hosting of the World Cup 2002. At the end of 2003 the two neighbors began to negotiate an FTA to further strengthen their already close economic ties. South Korea’s decades-long embargo on Japanese cultural products has now been lifted, while a number of South Korean pop stars are currently sweeping across Japan, creating the so-called “Korean Wave” fever. A pragmatic calculation of national interests would thus suggest cooperative behavior.