Implementation of the United Nations Convention on the Law of the Sea: State Practice of China and Japan

ISBN-13: 9789813369566 / Angielski / Miękka / 2022 / 274 str.

Tamada, Dai

Opis

This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.

Spis treści

Acknowledgments.- Preface.- Table of Contents.- About the Editors.- Part I: Historical Aspects.- Chapter 1 China and the Law of the Sea: Historical Aspects.- Chapter 2 Japan and the Law of the Sea: Key Historical and Contemporary Milestones.- Part II: Implementation.- Chapter 3 The United Nations Convention on the Law of the Sea and China's Practice.- Chapter 4.- Japanese Implementation of the United Nations Convention on the Law of the Sea.- Part III: Navigation.- Chapter 5 A Chinese Perspective on Innocent Passage of Warships: Contemporary Issues and Analysis.- Chapter 6 Maritime Counter-Proliferation of Weapons of Mass Destruction and the Freedom of Navigation: A Japanese Lawyer’s Perspective.- Hiroyuki Banzai.- Part IV: Mid-Ocean Archipelagos.- Chapter 7 Application of Straight Baselines to Mid-Ocean Archipelagos Belonging to Continental States: A Chinese Lawyer’s Perspective.- Chapter 8 A Critique against the Concept of Mid-Ocean Archipelagos.- Part V: Marine Environment.- Chapter 9 Chinese Law and Policy on Marine Environmental Protection.- Chapter 10 Japanese Law and Policy on Marine Environment Protection: Recent Activation of Ministry of Environment.-Part VI: Dispute Settlement.- Chapter 11 China's Theory on and Practice in Maritime Dispute Resolution.- Chapter 12 UNCLOS Dispute Settlement Mechanism: Japan's Experience and Contribution.

O autorze

Dai Tamada is Professor of International Law at Graduate School of Law, Kobe University. He holds LL.M. (Kyoto University 2000) and Ph.D. (Kyoto University 2014). His research areas cover international dispute settlement, international investment law, the law of treaties, and the law of the sea. He has been committee member in several Government organs, including Ministry of Foreign Affairs (MOFA), Ministry of Economy, Trade and Industry (METI), and Ministry of Justice (MOJ) of Japan. His recent publications include Malgosia Fitzmaurice and Dai Tamada (eds.), Whaling in the Antarctic: Significance and Implications of the ICJ Judgment (Brill/Nijhoff, 2016), Dai Tamada and Philippe Achilleas (eds.), Theory and Practice of Export Control: Balancing International Security and International Economic Relations (Springer, 2017), and Piotr Szwedo, Richard Peltz-Steele and Dai Tamada (eds.), Law and Development: Balancing Principles and Values (Springer, 2019).

 

Keyuan Zou is Professor of International Law at Dalian Maritime University, China and University of Central Lancashire, United Kingdom. He specializes in international law, in particular the law of the sea and international environmental law. He has published over 200 refereed English papers in more than 30 international journals and various edited books. His single-authored books include Law of the Sea in East Asia: Issues and Prospects, China’s Marine Legal System and the Law of the Sea, China’s Legal Reform: Towards the Rule of Law, and China-ASEAN Relations and International Law. His recent edited volumes include Global Commons and the Law of the Sea (2018), Maritime Cooperation in Semi-Enclosed Seas: Asian and European Experiences (2019), and The Belt and Road Initiative and the Law of the Sea (2020). He is member of Editorial Boards of International Journal of Marine and Coastal Law, Ocean Development and International Law, Journal of International Wildlife Law and Policy, Marine Policy, Copenhagen Journal of Asian Studies, Journal of Territorial and Maritime Studies, Chinese Journal of International Law, and Advisory Boards of Global Journal of Comparative Law, Asia-Pacific Journal of Ocean Law and Policy, and Korean Journal of International & Comparative Law.