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The South China Sea Arbitration
This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.
The Law of the Sea and Maritime Boundary Disputes in Areas of Hydrocarbon Potential
The United Nations Convention on the Law of Sea (‘UNCLOS’) is hailed as one of the most significant multilateral legal agreements executed in the past few decades. However, its shortcomings are neither trivial nor inconsequential, especially regarding maritime boundary disputes involving hydrocarbon resources. This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources poten...
Case Studies On Preventive Diplomacy In The Asia-pacific
Preventive Diplomacy (PD) has been recognized as a useful tool to address security issues in the Asia-Pacific region. To explore a PD mode compatible with the regional situation step by step on the basis of consensus has become the common will of the regional countries. Since the region is facing various new challenges, this requires innovation in theories and practices of PD. Focusing on the practice of preventive diplomacy, this book conducts empirical and comparative studies on the application of preventive diplomacy in various issue areas and by different countries.
International Trade and Food Security
Food security is one of the greatest challenges of our time. The food price crisis of 2008 exposed the vulnerabilities of the global food system. Governments across Asia acerbated the crisis by imposing export restrictions based on a policy of self-sufficiency. This book assesses whether self-sufficiency is an adequate response to the food security challenges we face. Pricing volatility drives isolationism at a time when climate change and increasingly uncertain weather patterns make it difficult for any single nation to guarantee adequate food production for itself. Through a collection of commissioned studies which draw upon the experience of leading experts and scholars in trade, investme...
Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve informat...
International Telecommunications Law and Policy
Since the revolution in modern telecommunications that followed the invention of the telegraph, telecommunication networks have provided channels for the fast delivery of communications across national borders. This transnational nature of telecommunication networks have led to the establishment of international regulatory regimes on the subject. On the other hand, developing countries consider regional economic integration as a major strategy for promoting trade and development, telecommunications have been seen within this context as a strategic tool for facilitating regional economic integration. This has also led to the establishment of regional telecommunication regulatory regimes that ...
Maritime Disputes and International Law
The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and min...
