The Contested Maritime and Territorial Boundaries of Malaysia:An International Law Perspective

The Contested Maritime and Territorial Boundaries of Malaysia:An International Law Perspective PDF

Author: R. Haller-Trost

Publisher: Springer

Published: 1998-11-03

Total Pages: 638

ISBN-13:

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Malaysia exemplifies boundary problems faced by most countries throughout Southeast Asia. This work studies the origins of Malaysian maritime and territorial disputes. The main text is divided into two parts: The first examines the maritime claims arising from the publication of the Malaysian map issued in 1979. The second analyses five territorial disputes between Malaysia and its neighbours. The Contested Maritime and Territorial Boundaries of Malaysia explores the country's overlapping maritime claims in the Straits of Malacca and Singapore, the Gulf of Thailand, the South China Sea, the Sulu Sea, and the Celebes Sea. A comprehensive examination of Malaysia's territorial disputes with Indonesia, Singapore, Brunei, the Philippines, China, and Taiwan follows, including coverage of the complicated matter of ownership over the Spratly Islands. A detailed look at the historical context demonstrates the longevity and complexity of the legal issues involved in the present disputes. The work scrutinizes the claims made under prevailing international law principles and examines the present level of dispute resolution. The first extensive study of its kind and an important addition to the International Boundary Studies Series, The Contested Maritime and Territorial Boundaries of Malaysia includes a chronological list of the main treaties, legislation, and related documents concerning the disputes discussed; an extensive bibliography of publications regarding the issues raised; and 23 maps, making it the most comprehensive reference work available on this subject.

The South China Sea Maritime Dispute

The South China Sea Maritime Dispute PDF

Author: Leszek Buszynski

Publisher: Routledge

Published: 2014-09-25

Total Pages: 283

ISBN-13: 1317935470

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The South China Sea is a major strategic waterway for trade and oil shipments to Japan, Korea as well as southern China. It has been the focus of a maritime dispute which has continued now for over six decades, with competing claims from China, Vietnam, the Philippines, Indonesia and Brunei. Recently China has become more assertive in pressing its claims – harassing Vietnamese fishing vessels and seizing reefs in the Philippine claim zone. China has insisted that it has "indisputable sovereignty" over the area and has threatened to enforce its claim. All of this is unsettling and draws in the United States which is concerned about freedom of navigation in the area. The US has been supporting the Philippines and has been developing security ties with Vietnam as a check upon China. This book examines the conflict potential of the current dispute, it discusses how the main claimants and the United States view the issue, and assesses the prospects for a resolution of the problem.

Beyond Territorial Disputes in the South China Sea

Beyond Territorial Disputes in the South China Sea PDF

Author: Robert C. Beckman

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 372

ISBN-13: 1781955948

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'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea. The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development. Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.

The South China Sea Disputes and Law of the Sea

The South China Sea Disputes and Law of the Sea PDF

Author: S. Jayakumar

Publisher: Edward Elgar Publishing

Published: 2014-08-29

Total Pages: 296

ISBN-13: 178347727X

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South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual

Asian Approaches to International Law and the Legacy of Colonialism

Asian Approaches to International Law and the Legacy of Colonialism PDF

Author: Jin-Hyun Paik

Publisher: Routledge

Published: 2012-09-10

Total Pages: 185

ISBN-13: 1136223827

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The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

International Law Relating to Islands

International Law Relating to Islands PDF

Author: Sean D. Murphy

Publisher: BRILL

Published: 2019-03-25

Total Pages: 383

ISBN-13: 9004361545

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This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

Territorial Disputes in the South China Sea

Territorial Disputes in the South China Sea PDF

Author: J. Huang

Publisher: Springer

Published: 2014-12-09

Total Pages: 212

ISBN-13: 1137463686

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Heightened tensions in the South China Sea have raised serious concerns about the dangers of conflict in this region as a result of unresolved, complex territorial disputes. This volume offers detailed insights into a range of country-perspectives, addressing the historical, legal, structural, regional and multilateral dimensions of these disputes

Recent Developments in the South China Sea Dispute

Recent Developments in the South China Sea Dispute PDF

Author: Wu Shicun

Publisher: Routledge

Published: 2014-05-30

Total Pages: 285

ISBN-13: 131781763X

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The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.