The Peaceful Resolution Of Territorial And Maritime Disputes
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The Peaceful Resolution Of Territorial And Maritime Disputes
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Author : Emilia Justyna Powell
language : en
Publisher: Oxford University Press
Release Date : 2023
The Peaceful Resolution Of Territorial And Maritime Disputes written by Emilia Justyna Powell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Political Science categories.
This book is about the peaceful resolution (PR) of territorial and maritime disputes and states' strategic behavior vis-à-vis methods of peaceful resolution: bilateral negotiations, good offices, inquiry, conciliation, mediation, arbitration, and adjudication. The authors argue that the high stakes associated with settlement of territorial and maritime disputes, the diversity of PR methods employed, and unpredictability of outcomes push states to strategize. Strategic considerations undergird states' choice of the particular PR methods, and states' behavior during the resolution once a particular method such as adjudication or negotiations, has been initiated. Uncertainty about the outcome drives states to pursue "strategic selection." The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue--choice-of-venue strategic selection, and decision-making once a PR method/venue has been identified--within-venue strategic selection. The driving force behind strategizing in these two settlement stages is the hope of reducing uncertainty and of increasing the chances of winning. Importantly, as the disputants progress through the settlement process, states reconsider and refine these strategies. For each stage of strategic selection, Powell and Wiegand identify several mechanisms that influence states' strategies, including past experiences with PR methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multi-method approach and combines statistical analyses and in-depth qualitative interviews with states' legal counsel, judges, arbitrators, government officials, and other experts from multiple countries. The book also highlights numerous real-world instances of territorial and maritime disputes including the Philippines v. China arbitration case in the South China dispute.
Peace In Northeast Asia
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Author : Thomas J. Schoenbaum
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
Peace In Northeast Asia written by Thomas J. Schoenbaum and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Political Science categories.
. . . this book provides a logically written explanation of legalistic matters that otherwise would be hard to approach for the layman. . . The arguments laid out in this book are clear and precise and postulate a need for mutual co-operation and an ecological use of resources as well as the importance for regional actors to use international legal institutions as a conduit to peaceful resolution and mutual benefit. Markus Bell, East Asia Integration Studies . . . the book successfully outlines the essential points of the disputes and proposes the establishment of regional fora for security and development. Gibeom Kim, Political Studies Review This book takes an in-depth look at Japan s long-festering territorial and maritime disputes with its three neighbors China, South Korea and the Russian Federation. Japan has established friendly relations with all three former adversaries since the end of World War II, but these sovereignty issues remain. All three disagreements have recently flared into potentially violent incidents that could erupt again at any time. The book explores each situation and proposes concrete compromise solutions to each of the outstanding disputes. The key recommendation the book sets forth is that the disputes in question be resolved through the conclusion of separate negotiated agreements between Japan and each of its neighbors, whereby separate Zones of Cooperation and Environmental Protection are established in northeast Asia. These three agreements would be international treaties with the purpose of establishing ongoing permanent cooperation in the three disputed areas. The book concludes with a discussion of the need for broader multilateral institutions of cooperation. International relations specialists, government officials, international lawyers and scholars of Asian politics will find great value in the knowledgeable discussions of these complex issues.
Unresolved Border Land And Maritime Disputes In Southeast Asia
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Author : Alfred Gerstl
language : en
Publisher: BRILL
Release Date : 2016-11-14
Unresolved Border Land And Maritime Disputes In Southeast Asia written by Alfred Gerstl and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-14 with Political Science categories.
In Unresolved Border, Land and Maritime Disputes in Southeast Asia the authors shed light on unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region, applying a wider regional and comparative perspective.
Geopolitics And Maritime Territorial Disputes In East Asia
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Author : Ralf Emmers
language : en
Publisher: Routledge
Release Date : 2009-09-11
Geopolitics And Maritime Territorial Disputes In East Asia written by Ralf Emmers and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-11 with Political Science categories.
Geopolitics is a crucial element in understanding international relations in East Asia, with major and medium powers competing for influence. This book examines geopolitics in East Asia, focusing in particular on its major, contentious maritime territorial disputes. It looks in particular detail at the overlapping claims between Japan, China and Taiwan over the Senkaku/Diao yu Islands in the East China Sea as well as the Paracel Islands claimed by China, Taiwan, and Vietnam and the Spratly Islands involving Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam in the South China Sea. The book offers a comparative study of the East and South China Seas by arguing that their respective circumstances are influenced by similar geopolitical considerations; factors such as territory, natural resources and power competition all impact on disputes and broader regional relations. It is precisely the interplay of these geopolitical forces that can lead to the rapid escalation of a maritime territorial dispute or reversely to a diffusion of tensions. The book considers how such disputes might be managed and resolved peacefully, despite the geopolitical conditions that can make co-operation on these issues difficult to achieve. Ralf Emmers examines the prospect for conflict management and resolution by identifying catalysts which may contribute to improving the climate of relations.
Toward A New Framework For Peaceful Settlement Of China S Territorial And Boundary Disputes
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Author : Junwu Pan
language : en
Publisher: BRILL
Release Date : 2009-02-23
Toward A New Framework For Peaceful Settlement Of China S Territorial And Boundary Disputes written by Junwu Pan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-23 with Law categories.
As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in China’s international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes. This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of China’s major territorial and boundary disputes.
Peaceful Management Of Maritime Disputes
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Author : James Kraska
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-23
Peaceful Management Of Maritime Disputes written by James Kraska and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.
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.
Conflict Management And Dispute Settlement In East Asia
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Author : Ramses Amer
language : en
Publisher: Routledge
Release Date : 2016-05-23
Conflict Management And Dispute Settlement In East Asia written by Ramses Amer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
China S Maritime Disputes In The East And South China Seas
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Author : U.S.-China Economic and Security Review Commission
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2014-04-18
China S Maritime Disputes In The East And South China Seas written by U.S.-China Economic and Security Review Commission and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-18 with Security, International categories.
Today's hearing will cover China's maritime disputes in the East and South China Seas. We'll examine the security, political, legal, and economic drivers of these disputes in our three panels today. The first panel will begin by discussing the broad security situation on the high seas. As China's maritime forces have become more capable over the past decade, Beijing has become more confident in its ability to assert its claims in the disputed areas. Beyond China's "hard" security concerns, however, other domestic, political, and legal elements shape China's policy in the East and South China Seas. Our second panel will consider popular nationalism as one of these elements. It has become a key driver of Chinese foreign policy as personality politics in Beijing has given way to a collective leadership seeking Party legitimacy. We'll conclude with a panel on how resources and economic drivers shape China's maritime disputes. Security of China's near seas is critical to the unimpeded flow of trade and imported energy resources. Though the natural resources in the East and South China Sea undoubtedly shape the security landscape, there appears to be a debate on the centrality of oil and gas resources to the dispute.
Recent Developments In The South China Sea Dispute
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Author : Wu Shicun
language : en
Publisher: Routledge
Release Date : 2014-05-30
Recent Developments In The South China Sea Dispute written by Wu Shicun and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-30 with Law categories.
The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.
The South China Sea Disputes
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Author : Nalanda Roy
language : en
Publisher: Lexington Books
Release Date : 2016-12-02
The South China Sea Disputes written by Nalanda Roy and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-02 with Political Science categories.
The South China Sea has long been regarded as one of the most complex and challenging ocean-related maritime disputes in East Asia. Recently it has become the locus of disputes that have the potential of escalating into serious international conflicts. Historical mistrust, enduring territorial disputes, and competing maritime claims have combined to weaken an at least partially successful regional security structure. Issues of concern include territorial sovereignty; disputed claims to islands, rocks, and reefs; jurisdiction over territorial waters, exclusive economic zones, and the seabed; regional and international rights to use the seas for military purposes; maritime security; rapid economic development; and environmental degradation. The fear is that increasing competition for energy and other resources will exacerbate conflicts and further fuel nationalism and sovereignty issues in the region. The SCS has an integrated ecosystem and is one of the richest seas in the world in terms of marine flora and fauna: coral reefs, mangroves, sea-grass beds, fish, and plants. National economic security can be easily affected by conflicts occurring in major international trade routes like the SCS, or how such an unclear situation might even give rise to environmental challenges in the future. The book creates an understanding as to why this region is important not only to the claimants but to global powers like the United States and India. The book examines current and potential conflicts in the South China Sea, and also evaluates how conflicts have been “managed” to date and suggests as to how they might be better managed in the future. This book concludes with recommendations for improving the situation in the region by ensuring a strong economic relationships, using high-resolution observation satellites, and undertaking joint development, and resource exploration etc.