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Law of the Sea in South East Asia

Environmental, Navigational and Security Challenges

Donald R Rothwell David Letts

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English
Routledge
13 December 2021
The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment.

This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms.

The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

Edited by:   ,
Imprint:   Routledge
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm, 
Weight:   453g
ISBN:   9781032240718
ISBN 10:   1032240717
Pages:   306
Publication Date:  
Audience:   College/higher education ,  Professional and scholarly ,  Primary ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
List of figures List of tables List of contributors Foreword Preface Table of cases Table of treaties and other international instruments 1 The law of the sea and South East Asia Donald R. Rothwell and David Letts 2 Maritime claims in South East Asia Donald R. Rothwell 3 An incomplete maritime map: progress and challenges in the delimitation of maritime boundaries in South East Asia Clive Schofield 4 Maritime security in South East Asia David Letts 5 Advancing marine environmental security in South East Asia: challenges and opportunities Robin Warner 6 Climate change and the law of the sea in the Asia Pacific K aren N. Scott 7 The limits of the natural state doctrine: rocks, islands and artificial intervention in a changing world Imogen Saunders 8 The Law of the Sea, status and message ambiguity ROB MCLAUGHLIN 9 The United Nations Convention on the Law of the Sea in South East Asia: smooth sailing or stormy seas? TIM STEPHENS 10 ‘Do As I Do, Not As I Say’ – navigational freedom and the Law of the Sea Convention DALE STEPHENS AND TIMOTHY QUADRIO 11 Regimes of navigation and maritime security in South East Asia HITOSHI NASU 12 Crossing the Rubicon: Singapore’s evolving relations with China in the context of the 2016 arbitral award SEE SENG TAN 13 Saving the South China Sea fishery MAR INA TSIRBAS 14 Dispute resolution and the law of the sea following the South China Sea arbitration NATALIE KLEIN 15 Challenges for the law of the sea in South East Asia: resolving current controversies and addressing horizon threats DAVID LETTS AND DONALD R. ROTHWELL Index

Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australia David Letts is Director of the Military Law Program, and Director of the Centre for Military and Security Law at the ANU College of Law, Australia

Reviews for Law of the Sea in South East Asia: Environmental, Navigational and Security Challenges

""" I would recommend this accessible volume to both those new to the field in search of the current regional state of the art, and those experienced researchers looking to contextualize their work in the wider Regional Maritime Context. The sheer array of maritime developments, disputes and uncertainties discussed in this regional hotbed for the law of the Sea will surely leave every reader with new knowledge and reflections to ponder upon. The extensive sources cited provide eager readers with a springboard to delve deeper into a rich area that will continue to evolve and this volume acts as an essential guide in understanding the Law of the Sea.' -- MRIGANK GURUDATT, RASHTRIYA RAKSHA UNIVERSITY"


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