August 28, 2015

Wu Shicun, Mark Valencia and Hong Nong (eds)

Ashgate, October 2015.

  • Abstract. Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.
  • Contents: Introduction: the South China Sea: UNCLOS and state practice, Shicun Wu, Mark J. Valencia and Nong Hong. Part I Dispute Settlement Mechanism under UNCLOS: The contribution of the compulsory jurisdiction mechanism to the effective application of dispute settlement system of the 1982 United Nations Convention on the Law of the Sea: the case of ITLOS, José Luis Jesus; UNCLOS and the contributions of ITLOS, Helmut Tuerk. Part II Concepts of UNCLOS Relevant to the SCS: Military activities in foreign EEZs: an update, Mark J. Valencia; ‘Due regards’ and ‘abuse of rights’ in UNCLOS, Hasjim Djalal; UNCLOS and the peaceful use of the sea, Vesselin Popovski; Marine scientific research and military survey: law and state practice, Stuart Kaye; The concept of regional common heritage: its possible application in the South China Sea, André Tahindro. Part III Practices of UNCLOS and the South China Sea: Trouble over the starting line: state practice concerning baselines in the South China Sea, Clive Schofield; UNCLOS navigational regimes and their significance for the South China Sea, Donald R. Rothwell; Historic waters and historic rights in the South China Sea: a critical appraisal, Clive R. Symmons; Historic rights in the South China Sea, Keyuan Zou; Legal framework for joint development in the South China Sea, Robert Beckman; State practice of UNCLOS in the South China Sea, Nong Hong; Case study on the application of Part XV of UNCLOS to the Annex VII arbitration case concerning the South China Sea disputes between China and the Philippines, Michael Sheng-ti Gau. Index.