Full Description
International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.
Contents
. International Law Frameworks
David Ong, Discerning the International Legal Threshold for Sovereignty over Islands: Implications for Judicial Settlement of International Disputes
Alexander Proelss, Implicit Territoriality and Renvoi Clauses: Challenges to the Regime for the Peaceful Settlement of Disputes under the Law of the Sea Convention
Danae Azaria, The Relevance of Extraneous Rules of International Law for the Judicial Settlement of Disputes under the Law of the Sea Convention
Jay Batongbacal, Exploring the Intersections between Aerospace Law and the Law of the Sea
II. Models for Managing and Resolving Disputes
Clive Schofield, Options to Avoid Conflicts over Island Sovereignty
Seokwoo Lee, Building the Framework on Peace in the Waters around the Five Islands in the West Sea of Korea
Stuart Kaye, Conciliation in International Dispute Resolution: An Evaluation of the Timor Sea Dispute
III. Approaches to the Disputes over the Paracel Islands
Bill Hayton, Claim-making in the Paracel Islands 1802-1936
Raul (Pete) Pedrozo, Vietnam's Indisputable Sovereignty over the Paracel Islands
IV. Regional Dynamics and International Law
Alfred Gerstl, Malaysia, the Philippines, and China: The Belt and Road Initiative as a Failed Driver for Constructive Relations
James Kraska, Deterrence and Compliance in East Asia's Maritime Order
