Building a Normative Order in the South China Sea最新文献

Maritime claims in the South China Sea and freedom of navigation operations 南中国海的海洋主张和航行自由行动

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00017

J. G. Odom

引用次数: 3

Conclusion – Tempering the South China Sea slow boil: expanding options for evolving disputes 结语:缓和南中国海的慢沸:为不断演变的争端提供更多选择

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00023

T. Thuy

{"title":"Conclusion – Tempering the South China Sea slow boil: expanding options for evolving disputes","authors":"T. Thuy","doi":"10.4337/9781786437532.00023","DOIUrl":"https://doi.org/10.4337/9781786437532.00023","url":null,"abstract":"The South China Sea issue is multi-dimensional in nature. There are at least four existing and parallel categories of disputes and/or competitions between parties in the South China Sea. They are: i) territorial disputes over islands/rocks, low-tide elevations and submerged features between claimants; ii) competing claims among littoral states regarding sovereignty, sovereign rights, and jurisdiction over maritime zones; iii) disputing interpretations about the rights of coastal and user states in different maritime zones (especially within territorial seas and exclusive economic zones of coastal states) regarding freedom of navigation and over-flights, including activities of military vessels and aircraft; and iv) strategic competition between the rising resident power China and the established, however distant, power – the U.S., in which the South China Sea has become the frontier and a bellwether of the AsiaPacific, if not global, competition. This paper explores the dynamics of the South China Sea issue in recent years from international relations and international law aspects and offers predictions of scenarios of near future development as well as suggests some options for management of the issue.","PeriodicalId":109213,"journal":{"name":"Building a Normative Order in the South China Sea","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127373305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Different strokes for different folks: a second look at UNCLOS Part XV dispute settlement mechanisms and the South China Sea disputes 人各有招:再看《联合国海洋法公约》第十五部分争端解决机制与南海争端

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00022

Jay L. Batongbacal

{"title":"Different strokes for different folks: a second look at UNCLOS Part XV dispute settlement mechanisms and the South China Sea disputes","authors":"Jay L. Batongbacal","doi":"10.4337/9781786437532.00022","DOIUrl":"https://doi.org/10.4337/9781786437532.00022","url":null,"abstract":"The past decade has witnessed a marked rise and fall in tensions in the South China Sea due to recent adjustments in maritime policy among the key players in the territorial and maritime disputes. Competing claims to territory and jurisdictions manifest more frequently as actual incidents at sea, prompting at least one claimant to resort to international dispute settlement proceedings for the first time in the history of the South China Sea disputes. Emergent practice with respect to the interpretation and application of the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), notably those concerning maritime zones, creates opportunities for more concrete and consistent determination of State rights and entitlements as a matter of law. Thus, while actual incidents naturally raise diplomatic tensions, they also provide opportunities for invoking the array of non-binding and binding dispute settlement mechanisms included in Part XV of the UNCLOS. This chapter reviews trends in the manifestations of the South China Sea disputes and the possible application of Part XV dispute settlement mechanisms to each. This will help identify and clarify options for future state actions, either individually or collectively, in managing and eventually resolving these disputes.","PeriodicalId":109213,"journal":{"name":"Building a Normative Order in the South China Sea","volume":"24 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116707999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Getting beyond slow boil in the South China Sea 在南中国海的缓慢沸腾已经过去了

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00008

Andrew Scobell

引用次数: 1

Economic (asymmetrical) interdependence and territorial disputes 经济(不对称)相互依存和领土争端

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00009

Michael B. Yahuda

{"title":"Economic (asymmetrical) interdependence and territorial disputes","authors":"Michael B. Yahuda","doi":"10.4337/9781786437532.00009","DOIUrl":"https://doi.org/10.4337/9781786437532.00009","url":null,"abstract":"This chapter will argue that Chinaâ€™s new leader, Xi Jinping, has a strategy to use his countryâ€™s economic centrality in Asia to promote its economic advantage to develop trans-border infrastructure especially in transportation, which will also benefit neighboring states, but which will also tighten Chinaâ€™s regional economic and security networks. The end result would be for China to become the dominant economic and strategic hub of Asia. Despite being the largest trading partner of ASEAN China lags behind as an investor and is not as economically dominant as might be expected. It is Chinaâ€™s greater and growing military power that gives Beijing the edge, especially as it has consolidated its position in the South Sea China through extensive land reclamation on the seven reefs it occupies, which have been transformed into military bases. It has also defied a ruling against it by the arbitration tribunal in The Hague. For good measure it has taken advantage of divisions within ASEAN to prevent unfavorable statements being issued against it. Clearly, the Chinese government has no intention of retreating from the enlarged â€˜islandsâ€™, which in effect provide the means to control the sea â€“ its commercial lifeline.","PeriodicalId":109213,"journal":{"name":"Building a Normative Order in the South China Sea","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117058724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Air defence identification zones: implications for freedom of overflight and maritime disputes 防空识别区:对飞越自由和海上争端的影响

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00016

Robert Beckman, Phan Duy Hao

{"title":"Air defence identification zones: implications for freedom of overflight and maritime disputes","authors":"Robert Beckman, Phan Duy Hao","doi":"10.4337/9781786437532.00016","DOIUrl":"https://doi.org/10.4337/9781786437532.00016","url":null,"abstract":"On November 23, 2013, China declared an Air Defence Identification Zone (ADIZ) in the East China Sea. This ADIZ overlaps with the existing ADIZs of Japan, Korea and Taiwan. The Chinese ADIZ raised concerns from various governments and commentators in the region. First, does this ADIZ violate the principle of freedom of overflight in areas beyond territorial sea? Second, can China use the ADIZ to strengthen its claim to sovereignty over disputed islands? Third, does the declaration of an ADIZ strengthen Chinaâ€™s argument that foreign military aircraft have no right to engage in surveillance and reconnaissance activities in the airspace above its exclusive economic zone? Fourth, does China intend to declare an ADIZ in the airspace above the South China Sea, and if so, would this exacerbate existing disputes over sovereignty claims and maritime claims in the South China Sea? This chapter attempts to answer some of these questions. First, the chapter looks at two major principles of international law governing airspace, the principle of national air sovereignty and the principle of freedom of overflight. Second, the chapter examines the status of ADIZ under international law and provides an overview of State practice with regard to ADIZ. Third, it examines Chinaâ€™s ADIZ in the East China Sea and the reactions of other States to Chinaâ€™s East China Sea ADIZ. Fourth, it discusses the implications of a possible Chinese ADIZ in the South China Sea, especially in light of the Arbitral Award issued on 12 July 2016 in the Philippines/China South China Sea disputes. Although it has been alleged that the Chinese ADIZ is contrary to the practice of other States the practice of States that have declared ADIZs is neither uniform nor consistent. The chapter therefore recommends that interested States discuss the development of â€œrules of the roadâ€ for ADIZs based on best international practice in order to minimize the risk of collisions or other incidents.","PeriodicalId":109213,"journal":{"name":"Building a Normative Order in the South China Sea","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123119689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Post-South China Sea arbitration challenge: toward regional cooperation for the environmental sustainability of the East Asian seas 南海仲裁案后的挑战:东亚海域环境可持续性的区域合作

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00020

R. Lotilla

引用次数: 0

China’s South China Sea strategy and Sino–US discord 中国南海战略与中美不和

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00010

W. Xiangning, You Ji

引用次数: 1

The Exclusive Economic Zone and food security for developing coastal states in the South China Sea 南海专属经济区与发展中沿岸国粮食安全

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00014

James Kraska

{"title":"The Exclusive Economic Zone and food security for developing coastal states in the South China Sea","authors":"James Kraska","doi":"10.4337/9781786437532.00014","DOIUrl":"https://doi.org/10.4337/9781786437532.00014","url":null,"abstract":"The human right to food security is the lost dimension of the maritime boundary disagreements in the South China Sea. The rationale for establishment of the Exclusive Economic Zone (EEZ) in the United Nations Convention on the Law of the Sea (UNCLOS) has profound implications for the maritime disputes in the South China Sea. The EEZ was created to ensure that coastal subsistence fishing communities had access to offshore fish stocks adjacent to their coast. Yet Chinaâ€™s encroachment on its neighborâ€™s EEZs directly undermines the central purpose for creation of the zone. Whether China actually has lawful title to any of the insular features in the Paracel Islands and Spratly Islands is irrelevant to the question of sovereign rights over the resources in the region. As none of the features generate a 200-mile EEZ, the coastal states of the South China Sea may assert sovereign rights and jurisdiction from their normal baselines running along the coast of the mainland and the major islands supporting human habitation or an economic life of their own. Consequently, the southern-most reach of Chinese territory is the southern tip of Hainan Island. Vietnam, Malaysia, Indonesia, Brunei, and the Philippines enjoy the large EEZs throughout the South China Sea. This legal analysis is the only conclusion that supports the purpose of the zone, which is to protect rights of subsistence fishing for coastal populations. Chinaâ€™s distant water fishing activities, which stretch some 1,200 km from Hainan Island, unlawfully impair subsistence fishing by the South China Sea states. Although this analysis was written well before the 2016 Philippineâ€“China Arbitration under Annex VII of UNCLOS, it is entirely congruent with the holding in the case. It remains to be seen whether China will ever curtail its gross violations of the international law of the sea.","PeriodicalId":109213,"journal":{"name":"Building a Normative Order in the South China Sea","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115868899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Energy drivers for offshore cooperation ——推动海上合作的能源动力

Building a Normative Order in the South China Sea Pub Date : 2019-02-22 DOI: 10.4337/9781786437532.00021

D. Mair, Rachel Calvert

引用次数: 0