Securing the Safety of Navigation in East Asia
Legal and Political Dimensions
Will be published approx. on 31. October 2013
Book
Hardback
304 pages
978-0-85709-489-6 (ISBN)
Description
Safe navigation of the seas is of global importance. Sea lanes provide vital connections for the growth of the global economy and the wellbeing of people everywhere. The sea lanes are of particular importance for the East Asian region, as most trade is undertaken on the ocean. Booming economies in the region such as China and Vietnam put more pressure on sea lanes, triggering concern for the safety of navigation. Securing the Safety of Navigation in East Asia identifies salient issues for academic debate, and further explores those that have practical implications for the safety of navigation in East Asia. Contemporary maritime security concentrates on safe navigation and inhibiting transnational crimes, including sea piracy and maritime terrorism. Maritime environmental security and search and rescue at sea are also important. Securing the Safety of Navigation in East Asia is structured into four sections: the first part introduces the topic, and looks at the safety of navigation and the search for a cooperative mechanism. The second part considers the international legal framework and its implications for East Asia. The third part presents national perspectives on the safety of navigation, and fi nally part four considers navigational issues in the South China Sea.
More details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Publishing group
Elsevier Science & Technology
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Weight
620 gr
ISBN-13
978-0-85709-489-6 (9780857094896)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
11/2013
Chandos Publishing
€106.00
Available for download
Persons
Wu Shicun is President of the National Institute for the South China Sea Studies, a sole national-level think-tank in China specializing in South China Sea studies and a wellrespected expert in the field of the South China Sea Studies. His research focuses on history and geography on the South China Sea, ocean boundary delimitation, international relations and regional security issues. He has considerable expertise and numerous publications to his credit. Keyuan Zou is Harris Professor of International Law at the Lancashire Law School of the University of Central Lancashire (UCLan), UK. He specializes in international law, in particular the law of the sea and international environmental law. Before this he worked in Dalhousie University in Canada, Peking University in China, University of Hannover in Germany, and the National University of Singapore. He is Academic Advisor to the China National Institute for South China Sea Studies and the Centre for Ocean Law and Policy of Shanghai Jiaotong University, China. Keyuan is member of the ESRC Peer Review College and the Commission on Environmental Law of the IUCN, and has published over 60 refereed papers in 30 international journals and eight single-authored and co-edited books, as well as being an editorial board member of international journals such as Ocean Development and International Law.
Content
About the editors and contributors
Part 1: Introduction
Chapter 1: Safety of navigation in East Asia: seeking a cooperative mechanism
Abstract:
Introduction
Issues identified and discussed
Prospects and conclusion
Part 2: International legal framework: implications for East Asia
Chapter 2: Navigating the currents of legal regimes and realpolitik in East AsiaaEUR (TM)s maritime domain
Abstract:
Introduction
UNCLOS and freedom of navigation
Safety of navigation in East Asia
Military activities in EEZs
Fishing activities in disputed waters
Commercial activities in disputed waters
Threats to US commercial interests
Incidents involving Chinese ships and the Philippines
China-Vietnam cable cutting incidents
Current trends in military modernisation China
United States
The Philippines
Vietnam
Regional
Political implications: the way ahead
Piracy
US military activities in China's EEZ
Fishing in disputed waters
Commercial activities in disputed waters
Chapter 3: Compulsory pilotage and the law of the sea: lessons learned from the Torres Strait
Abstract:
Introduction
UNCLOS and regulation of navigation
Compulsory pilotage, the IMO and the UNCLOS
Torres Strait52
Straits of Malacca and Singapore83
Concluding remarks
Chapter 4: Navigational rights and marine scientific research: a further clarification?
Abstract:
Introduction
Marine scientific research and the UNCLOS
State practice
Chinese regulations
Hydrographic surveying and marine scientific research
Conclusion
Part 3: Safety of navigation from national perspectives
Chapter 5: South Korea and the safety of navigation: uncertainty derived from undefined fences
Abstract:
Introduction
South Korea v. North Korea1
South Korea v. China
The way forward: from the lesson of EEZ negotiation cooperation with China and Japan
Chapter 6: A Japanese researcheraEUR (TM)s perspective on maritime navigation
Abstract:
Introduction
A view on navigation in the EEZ
The EEZ Group 21 on navigation in EEZs
The guidelines drawn up by the EEZ Group 21
Follow-up of the Guidelines
Preamble
1 Definitions
2 Rights and Duties of the Coastal State
3 Rights and Duties of Other States
4 Maritime Surveillance
5 Military Activities
6 Non-Interference with Electronic Systems
7 Suppression of Piracy and Other Unlawful Activities
8 Marine Scientific Research
9 Hydrographic Surveying
10 Transparency of Legislation
Chapter 7: Freedom of navigation and peaceful uses of the seas: UNCLOS, Chinese perspectives and personal thoughts
Abstract:
Purpose and structure
"Freedom of navigation? and "navigational rights? under the UNCLOS
Peaceful use of the seas and the use of force
China's perspectives
Concluding remarks
Chapter 8: Foreign military activities in the EEZ: preliminary views from Malaysia
Abstract:
Introduction
Why does Malaysia object to foreign states conducting military activities in its EEZ?
Malaysian maritime laws
Malaysia is not alone in opposing foreign military activities in EEZs
Concluding remarks
Chapter 9: SingaporeaEUR (TM)s South China Sea policy: implications for freedom and safety of navigation
Abstract:
Introduction
A review of Singapore's South China Sea statements
Singapore's South China Sea policy
Determinants of Singapore's South China Sea policy
Singapore's South China Sea policy: a continuation of its overall foreign policy
Part 4: Navigational issues in the South China Sea
Chapter 10: Cooperative mechanism for safety and security of navigation and ocean governance in the South China Sea
Abstract:
Introduction
Background to current South China Sea conflict situation
Navigation and ocean governance as traditional security issues in the South China Sea: legal/political aspects
Charting an institutionalised cooperative mechanism for non-traditional security issues
Normative cooperation framework under UNCLOS for non-traditional security concerns in the South China Sea
Parties to maritime governance cooperation for the South China Sea: cooperation structure
Other major South China Sea cooperation issues
Institutionalised regional cooperation
Conclusions: the South China Sea situation - the real story
Chapter 11: Rethinking the coastal statesaEUR (TM) and user statesaEUR (TM) interests in the South China Sea: bridging the perception gap and sharing the responsibilities
Abstract:
Introduction
Post-2002 development of the South China Sea dispute
Perception gap between coastal states and user states
Clash of interests: perception gap on the international navigation regime
Clash of "freedom of navigation? and coastal states' interests
The way ahead
Changing ways of thinking
Conclusion
Chapter 12: Cross-strait cooperation on search and rescue in the Taiwan Strait and its implication for the South China Sea
Abstract:
Introduction
Potential causes of maritime accidents in the Taiwan Strait
Mechanisms of maritime search and rescue in mainland China and Taiwan
Methods and progress of cooperation on maritime search and rescue in the Taiwan Strait
Experience over the years
Implications for the South China Sea
Conclusion
Chapter 13: The use of PSSAs in the South China Sea
Abstract:
Introduction
Regulation of ship-source pollution under UNCLOS
Particularly Sensitive Sea Areas (PSSAs)
Existing PSSAs and associated protective measures
Sensitive sea areas in the South China Sea
Shipping activities in the South China Sea
Legal basis for cooperation among claimant states in proposing a PSSA
Compliance with associated protective measures in PSSA
Conclusion
Chapter 14: Towards a mandatory port state control system in the South China Sea
Abstract:
Introduction
Port state control under international law13
China's practice in the South China Sea
Towards a mandatory regional port state control system in the South China Sea
Conclusions
Selected bibliography
Index
Part 1: Introduction
Chapter 1: Safety of navigation in East Asia: seeking a cooperative mechanism
Abstract:
Introduction
Issues identified and discussed
Prospects and conclusion
Part 2: International legal framework: implications for East Asia
Chapter 2: Navigating the currents of legal regimes and realpolitik in East AsiaaEUR (TM)s maritime domain
Abstract:
Introduction
UNCLOS and freedom of navigation
Safety of navigation in East Asia
Military activities in EEZs
Fishing activities in disputed waters
Commercial activities in disputed waters
Threats to US commercial interests
Incidents involving Chinese ships and the Philippines
China-Vietnam cable cutting incidents
Current trends in military modernisation China
United States
The Philippines
Vietnam
Regional
Political implications: the way ahead
Piracy
US military activities in China's EEZ
Fishing in disputed waters
Commercial activities in disputed waters
Chapter 3: Compulsory pilotage and the law of the sea: lessons learned from the Torres Strait
Abstract:
Introduction
UNCLOS and regulation of navigation
Compulsory pilotage, the IMO and the UNCLOS
Torres Strait52
Straits of Malacca and Singapore83
Concluding remarks
Chapter 4: Navigational rights and marine scientific research: a further clarification?
Abstract:
Introduction
Marine scientific research and the UNCLOS
State practice
Chinese regulations
Hydrographic surveying and marine scientific research
Conclusion
Part 3: Safety of navigation from national perspectives
Chapter 5: South Korea and the safety of navigation: uncertainty derived from undefined fences
Abstract:
Introduction
South Korea v. North Korea1
South Korea v. China
The way forward: from the lesson of EEZ negotiation cooperation with China and Japan
Chapter 6: A Japanese researcheraEUR (TM)s perspective on maritime navigation
Abstract:
Introduction
A view on navigation in the EEZ
The EEZ Group 21 on navigation in EEZs
The guidelines drawn up by the EEZ Group 21
Follow-up of the Guidelines
Preamble
1 Definitions
2 Rights and Duties of the Coastal State
3 Rights and Duties of Other States
4 Maritime Surveillance
5 Military Activities
6 Non-Interference with Electronic Systems
7 Suppression of Piracy and Other Unlawful Activities
8 Marine Scientific Research
9 Hydrographic Surveying
10 Transparency of Legislation
Chapter 7: Freedom of navigation and peaceful uses of the seas: UNCLOS, Chinese perspectives and personal thoughts
Abstract:
Purpose and structure
"Freedom of navigation? and "navigational rights? under the UNCLOS
Peaceful use of the seas and the use of force
China's perspectives
Concluding remarks
Chapter 8: Foreign military activities in the EEZ: preliminary views from Malaysia
Abstract:
Introduction
Why does Malaysia object to foreign states conducting military activities in its EEZ?
Malaysian maritime laws
Malaysia is not alone in opposing foreign military activities in EEZs
Concluding remarks
Chapter 9: SingaporeaEUR (TM)s South China Sea policy: implications for freedom and safety of navigation
Abstract:
Introduction
A review of Singapore's South China Sea statements
Singapore's South China Sea policy
Determinants of Singapore's South China Sea policy
Singapore's South China Sea policy: a continuation of its overall foreign policy
Part 4: Navigational issues in the South China Sea
Chapter 10: Cooperative mechanism for safety and security of navigation and ocean governance in the South China Sea
Abstract:
Introduction
Background to current South China Sea conflict situation
Navigation and ocean governance as traditional security issues in the South China Sea: legal/political aspects
Charting an institutionalised cooperative mechanism for non-traditional security issues
Normative cooperation framework under UNCLOS for non-traditional security concerns in the South China Sea
Parties to maritime governance cooperation for the South China Sea: cooperation structure
Other major South China Sea cooperation issues
Institutionalised regional cooperation
Conclusions: the South China Sea situation - the real story
Chapter 11: Rethinking the coastal statesaEUR (TM) and user statesaEUR (TM) interests in the South China Sea: bridging the perception gap and sharing the responsibilities
Abstract:
Introduction
Post-2002 development of the South China Sea dispute
Perception gap between coastal states and user states
Clash of interests: perception gap on the international navigation regime
Clash of "freedom of navigation? and coastal states' interests
The way ahead
Changing ways of thinking
Conclusion
Chapter 12: Cross-strait cooperation on search and rescue in the Taiwan Strait and its implication for the South China Sea
Abstract:
Introduction
Potential causes of maritime accidents in the Taiwan Strait
Mechanisms of maritime search and rescue in mainland China and Taiwan
Methods and progress of cooperation on maritime search and rescue in the Taiwan Strait
Experience over the years
Implications for the South China Sea
Conclusion
Chapter 13: The use of PSSAs in the South China Sea
Abstract:
Introduction
Regulation of ship-source pollution under UNCLOS
Particularly Sensitive Sea Areas (PSSAs)
Existing PSSAs and associated protective measures
Sensitive sea areas in the South China Sea
Shipping activities in the South China Sea
Legal basis for cooperation among claimant states in proposing a PSSA
Compliance with associated protective measures in PSSA
Conclusion
Chapter 14: Towards a mandatory port state control system in the South China Sea
Abstract:
Introduction
Port state control under international law13
China's practice in the South China Sea
Towards a mandatory regional port state control system in the South China Sea
Conclusions
Selected bibliography
Index