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The South China Sea Disputes and Law of the Sea

Edited by S. Jayakumar, Professor, Chairman, International Advisory Panel, Centre for International Law, Tommy Koh, Professor, Chairman, Governing Board, Centre for International Law and Robert Beckman, Associate Professor, Head of the Ocean Law and Policy Programme, Centre for International Law, National University of Singapore
South China Sea Disputes and Law of the Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea.

Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals.
Extent: 296 pp
Hardback Price: $133.00 Web: $119.70
Publication Date: 2014
ISBN: 978 1 78347 726 5
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  • Asian Studies
  • Asian Law
  • Law - Academic
  • Asian Law
  • Maritime Law
  • Public International Law
South China Sea Disputes and Law of the Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea.

Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals.

This important book provides neutral and objective analysis of law of the sea issues of relevance to the South China Sea and will therefore prove a valuable resource to Government officials and policy-makers from the ASEAN countries, Australia, China, Japan, Korea and the United States. It will also be of special interest to political analysts with an ongoing interest in the legal issues pertaining to the South China Sea region in light of concerns regarding conflict, challenges to freedom of navigation and access to resources.

‘Scholarly and thorough, yet eminently readable, this book offers up important lessons and possibly paradigms for the management of cross-border, or international disputes on territory, access to resources and other challenges to long-established maritime legal principles, notably freedom of navigation. . . Policy makers and government officials, as well as practitioners and academics with concerns about this potentially volatile region should definitely read the insightful and up-to-date material presented conveniently in this book.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

Contributors: D. Anderson, Y. van Logchem, T.L. McDorman, A.O. Elferink, B. Oxman, C. Schofield, C.R. Symmons, T. Treves
Contents:

Acknowledgements

Introduction

1. Offshore Features Subject to Claims of Sovereignty
Bernard H Oxman

2. Defining the ‘Boundary’ between Land and Sea: Territorial Sea Baselines in the South China Sea
Clive Schofield

3. Maritime Zones from Islands and Rocks
Clive R Symmons

4. Maritime Delimitation and Offshore Features
Tullio Treves

5. Rights and Jurisdiction over Resources in the South China Sea: UNCLOS and the ‘Nine-Dash Line’
Ted L McDorman

6. Do the Coastal States in the South China Sea Have a Continental Shelf Beyond 200 Nautical Miles?
Alex Oude Elferink

7. Rights and Obligations in Areas of Overlapping Maritime Claims
David Anderson and Youri van Logchem

8. UNCLOS Part XV and the South China Sea
Robert Beckman

Index