Freedom of Navigation and Globalization


Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.
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Biographical Note

Myron H. Nordquist is the Associate Director and Editor of the Center for Oceans Law and Policy, and Senior Fellow at the Center for National Security Law at the University of Virginia School of Law. He is Editor-in-Chief of the seven-volume Virginia commentary series, plus a Supplementary Documents volume, the United Nations Convention on the Law of the Sea 1982: a Commentary. John Norton Moore is the Walter L. Brown Professor of Law at the University of Virginia School of Law, Director of the Center for Oceans Law and Policy, and Director of the Center for National Security Law. He is the author or editor of thirty-eight books and over 170 scholarly articles and served for two decades on the editorial board of the American Journal of International Law, where he is currently an Honorary Editor. Professor Robert Beckman is the Director of Centre for International Law (CIL), a university-wide research centre at the National University of Singapore (NUS). In addition to serving as Director of CIL, he also heads its Ocean Law and Policy programme. He is an Associate Professor at the NUS Faculty of Law, where he has taught for more than 30 years. He currently teaches Ocean Law and Policy in Asia, Public International Law and International Regulation of Shipping. He is also co-director of the Rhodes Academy of Oceans Law and Policy and lectures there every summer. Ronán Long holds the Jean Monnet Chair of European Law at the School of Law at NUI Galway and lectures EU Law, International Law, Planning and Environmental Law, Law of the Sea and European Fisheries Law. He has also lectured at the Rhodes Academy Oceans Law and Policy and is a supervisor of advanced academic research under the United Nations - The Nippon Foundation of Japan Fellowship Programme.

Table of contents

Introduction Setting the Context A Globalized World Tommy Koh Part I: Counter Piracy Operations - Asia Combatting Piracy and Armed Robbery in Southeast Asia: An Evolution in Cooperation Tara Davenport The Small But Magnificent Counter-Piracy Operations of the Republic of Korea Youngjoo CHO Part II: Transnational Threats Counter Proliferation Activities and Freedom of Navigation Douglas Guilfoyle Slipping the Net: Why is it so Difficult to Crack Down on IUU Fishing? Seokwoo Lee, Anastasia Telesetsky, and Clive Schofield Regulation of Private Maritime Security Companies in International Law James Kraska Part III: Developments in Arctic Ocean Arctic Council Update Ernst Nordtveit Communications Between the Arctic States and North Pacific Asian States on the Arctic Issues Jong Deog Kim and Anna Jane Choi Part IV: Energy Security and Sealanes Institutional Building for Maritime Security in Southeast Asia: the Role of ASEAN Hao Duy Phan Freedom of Navigation and the Chinese Straight Baselines in the South China Sea Kuen-chen FU The Cooperative Mechanism in the Straits of Malacca and Singapore Leonardo Bernard Part V: Balancing Marine Environment and Freedom of Navigation European Law and Policy Review: Striking a Balance Between Ecosystem Considerations and Navigation Rights Under the Marine Strategy Framework Directive, the Law of the Sea Convention and the Draft Directive on Maritime Spatial Planning Ronán Long Responsibility of Flag States for Pollution of the Marine Environment: The Relevance of the UNCLOS Dispute Settlement Regime Robert Beckman Cooperative Environmental Mechanisms for the South China Sea Shichun WU Part VI: Marine Data Collection Marine Data Collection: US Perspectives J. Ashley Roach Global Ocean Challenges Stephen A. Macko


All those interested in current issues related to the Law of the Sea.