Peaceful Maritime Engagement in East Asia and the Pacific Region includes contributions from the most influential figures in the law of the sea to provide context and direction for developing maritime governance in East Asia and the Pacific Ocean. Peaceful management of disputes includes cooperation over deep seabed mining, negotiations for a legally binding instrument on biodiversity beyond national jurisdiction, contending approaches to baselines and East Asia maritime boundary disputes, freedom of navigation and maritime law enforcement. Chapters also explore new interpretations for preservation of the marine environment and the special problems posed by marine plastics and nexus between the ocean and climate change.
James Kraska, S.J.D., is the Charles H. Stockton Professor of International Maritime Law, US Naval War College and Visiting Professor of Law and John Harvey Gregory Lecturer on World Organization, Harvard Law School.
Ronán Long, Ph.D., is the Director of the WMU-Sasakawa Global Ocean Institute, World Maritime University.
Myron Nordquist, S.J.D., is a Distinguished Fellow, Stockton Center for International Law, US Naval War College.
List of Illustrations
Notes on Contributors
￼Featured Papers 1 Tribute to Ambassador Satya N. Nandan
Myron H. Nordquist
2 Reflections on Peaceful Maritime Engagement in East Asia and the Pacific Region
3 The Legal Regime of the Deep Seabed as a Paradigm for Global Governance of Natural Resources
Michael W. Lodge
4 International Law Making
5 Governance of Marine Biodiversity beyond National Jurisdiction: Searching for Sustainable Solutions in the Southeast Pacific
Ronán Long and Mariamalia Rodríguez Chaves
6 Our Manifold but Common Maritime Order
Part 1 Baselines and Archipelagic States 7 Archipelagic Atoll States and Sea Level Rise
Clive Schofield and David Freestone
8 Archipelagic Spratlys: China’s Desperate Attempt to Preserve Expansionist Policy?
Henry S. Bensurto Jr.
10 Revisiting the Legal Status of Dependent Archipelagic Waters from First Principles
11 Straight or Archipelagic Baseline with Respect to Offshore Archipelago?
Part 2 Navigation Rights/Law Enforcement 12 The Applicability of Human Rights Treaties in Maritime Law Enforcement
David S. Goddard
13 Navigation Rights and Law Enforcement: An Australian Perspective
14 Do We Still Need an ‘Expansionist/Revisionist’ Theory of Self-Defense at Sea?
15 In Quest of the Optimal Legal Framework for Maritime Law Enforcement against Foreign State Vessels in the Territorial Sea
Part 3 Arctic Shipping 16 Governance Considerations on Low Impact Corridors in Canadian Arctic Waters
17 Navigational Rights and the Coastal State’s Jurisdiction in the Northern Sea Route
18 The Role of East Asian Port States in Addressing Ship-Source Pollution in Arctic Shipping
Part 4 East China Sea Maritime Boundaries 19 The Quest for a Win-Win Solution in the Delimitation of Continental Shelf in the East China Sea: An Irreconcilable Conflict between China and Japan?
20 State Practice as a Factor Impacting Potential East China Sea Boundaries
and Peaceful Management of Maritime Disputes in the South China Sea
Robert Beckman and Vu Hai Dang
Part 5 Preservation of the Marine Environment, Including the Hazard of Plastic Debris 22 Designing an International Instrument for Combating Marine Plastic Pollution
23 Common But Differentiated Responsibilities as a Guiding Principle towards a Potential International Treaty on Plastic and Marine Litter
24 Implications of a New Treaty for Marine Biodiversity for the Asia-Pacific Region
Part 6 Issues Arising Out of Climate Change 25 The
Agreement: Strengthening the Oceans-Climate Nexus?
Karen N. Scott
26 Regime Interaction between the Law of the Sea and Climate Change Law
Scholars, policymakers in the maritime and oceans law and policy communities; libraries and maritime governance practitioners.