Peaceful Maritime Engagement in East Asia and the Pacific Region

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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.
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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.
Preface

Acknowledgement

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
  Shunji Yanai

3 The Legal Regime of the Deep Seabed as a Paradigm for Global Governance of Natural Resources
  Michael W. Lodge

4 International Law Making
  Rüdiger Wolfrum

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
  Atsuko Kanehara

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.

9 China’s Excessive Straight Baselines Claims
  James Kraska

10 Revisiting the Legal Status of Dependent Archipelagic Waters from First Principles
  Richard Barnes

11 Straight or Archipelagic Baseline with Respect to Offshore Archipelago?
  Dai Tamada

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
  David Letts

14 Do We Still Need an ‘Expansionist/Revisionist’ Theory of Self-Defense at Sea?
  Kyo Arai

15 In Quest of the Optimal Legal Framework for Maritime Law Enforcement against Foreign State Vessels in the Territorial Sea
  Masahiro Kurosaki

Part 3
Arctic Shipping
16 Governance Considerations on Low Impact Corridors in Canadian Arctic Waters
  Aldo Chircop

17 Navigational Rights and the Coastal State’s Jurisdiction in the Northern Sea Route
  Kentaro Wani

18 The Role of East Asian Port States in Addressing Ship-Source Pollution in Arctic Shipping
  Zhen Sun

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?
  Hironobu Sakai

20 State Practice as a Factor Impacting Potential East China Sea Boundaries
  Stuart Kaye

21  asean 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
  Tomofumi Kitamura

23 Common But Differentiated Responsibilities as a Guiding Principle towards a Potential International Treaty on Plastic and Marine Litter
  Aleke Stöfen-O’Brien

24 Implications of a New Treaty for Marine Biodiversity for the Asia-Pacific Region
  Joanna Mossop

Part 6
Issues Arising Out of Climate Change
25 The bbnj Agreement: Strengthening the Oceans-Climate Nexus?
  Karen N. Scott

26 Regime Interaction between the Law of the Sea and Climate Change Law
  Naoki Iwatsuki

Index

Scholars, policymakers in the maritime and oceans law and policy communities; libraries and maritime governance practitioners.
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