Description
Book SynopsisPeaceful 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.
Table of ContentsPreface 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
