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Author: Guifang Xue
This book deals with China’s response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. A substantial effort was made to examine the major areas of China’s national action on legislative harmonisation and policy adjustment to implement these instruments. China’s regional fisheries cooperation, in the form of bilateral agreements with Japan, South Korea and Vietnam, is evaluated to identify the progress already achieved and the problems that remain to be solved in managing the shared fish stocks between these maritime neighbours.
As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China’s fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.
Author: Keyuan Zou
Being one of the largest coastal States in the world, China’s marine legal system is significant in the overall development of the international law of the sea. This book focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996. It consists of five parts concerning, respectively, a general survey of China’s marine legal system, navigation and maritime security, marine resources management, marine environmental protection and marine scientific research. China’s basic marine laws and regulations are discussed and assessed in detail throughout the book.
The book is of interest to lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in international law, international relations and ocean affairs.
The focus of this book is on current ocean law and policy issues particularly in the region around China. A main emphasis is a comprehensive survey of Chinese positions on potential flashpoints such as delimitation in the East China Sea and South China Sea. Other topical subjects covered by both Chinese and outside experts are integrated coastal zone management, oil and gas development in the region, fishery management and enforcement, global advancements in marine science, commercial navigation challenges and protection of underwater cultural heritage sites. The authors make clear that there is a strong, shared commitment to cooperative solutions over maritime disputes within the framework of the 1982 UN Convention on the Law of the Sea. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.
Author: J. Greenfield
A Study of U.S. Law, Chinese Law and International Conventions
Author: Xia Chen
Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as `hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled.
This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay.
This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.
The legal and scientific aspects of continental shelf limits are of growing importance to those concerned with the international law of the sea. It is rare that the current thinking of both leading lawyers and scientists are brought together in one volume. Among the topics raised in this volume are: geomorphology and geology; ridge issues; Commission on the Limits of the Continental Shelf; shelf resources and current issues, such as the outer limit of the continental shelf in the Arctic Ocean, evaluating U.S. data holdings relevant to the definition of continental shelf limits, delimiting China’s continental shelves and future directions of the International Seabed Authority. Lastly, the Under Secretary General for Legal Affairs, United Nations, H.E. Hans Corell, provides a strategic overview on the challenges in implementing international ocean governance. Another unique feature of the volume is that a CD is placed in the back cover containing visual materials not included in the printed text.
An Analysis of Vietnamese Behavior within the Emerging International Oceans Regime
The Socialist Republic of Vietnam and the Law of the Sea analyzes Vietnam's policies on the law of the sea in relation to the country's overall foreign policy goals and its position at the center of the South China Sea geostrategic region. It examines Vietnam's claims in zones of maritime jurisdiction and its regulation of maritime activities in the context of the 1982 U.N. Convention on the Law of the Sea and against the backdrop of Vietnam's security interests, economic development, and regional leadership goals. The author explores Vietnam's maritime boundary disputes with its Southeast Asian neighbors and China and assesses their impact on regional stability.
This is the first comprehensive study to trace the evolution of Vietnamese policy and participation in law of the sea development from the 1958 First U.N. Conference on the Law of the Sea to the present. The book provides the background essential to an understanding of Vietnam's current maritime relations and of the challenge to incorporate Vietnam into a stable regional order. Law of the sea specialists, Southeast Asia area specialists, and those interested in the development of Vietnam's hydrocarbon and fishery resources will find this a particularly valuable resource.
The economic health of the global economy is directly tied to international energy policies, and none are more important than those of Russia, which is now the world’s largest petroleum export nation. At the same time, oil and gas are finite resources and new sources of supply must be found. It is certain that the Arctic will be one of the areas of greatest interest. Wherever the energy resource originates, the law of the sea regime will be critical in the movement from source to market. Thus, this book on International Energy Policy, the Arctic and the Law of the Sea is especially timely. The content is based on presentations made in St. Petersburg, Russia in June, 2004. The perspectives of Russia, China and the United States are discussed in depth by some of the world’s foremost authorities. The special significance of the Caspian Sea routes for export and the consequences of the opening of a Northwest Passage due to global warming are among the unique issues covered in this volume.
Editor: Jon M. van Dyke
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter.
This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.