Securing the Safety of Navigation in East Asia : Legal and Political Dimensions

ISBN-13: 9780857094896 / Angielski / Twarda / 2013 / 304 str.

Shicun Wu; Keyuan Zou

Opis

Safe navigation of the seas is of global importance. Sea lanes provide vital connections for the growth of the global economy and the wellbeing of people everywhere. The sea lanes are of particular importance for the East Asian region, as most trade is undertaken on the ocean. Booming economies in the region such as China and Vietnam put more pressure on sea lanes, triggering concern for the safety of navigation. Securing the Safety of Navigation in East Asia identifies salient issues for academic debate, and further explores those that have practical implications for the safety of navigation in East Asia. Contemporary maritime security concentrates on safe navigation and inhibiting transnational crimes, including sea piracy and maritime terrorism. Maritime environmental security and search and rescue at sea are also important. Securing the Safety of Navigation in East Asia is structured into four sections: the first part introduces the topic, and looks at the safety of navigation and the search for a cooperative mechanism. The second part considers the international legal framework and its implications for East Asia. The third part presents national perspectives on the safety of navigation, and fi nally part four considers navigational issues in the South China Sea.

• Places a special focus on East Asia
• Accommodates national perspectives in East Asia on navigation given by scholars from China, Japan, South Korea, Malaysia, the Philippines, and Singapore
• Presents a special section on the South China Sea, located in Southeast Asia and connecting the Indian and Pacific oceans; a critical sea route for maritime transport

Spis treści

About the editors and contributors

Part 1: Introduction

Chapter 1: Safety of navigation in East Asia: seeking a cooperative mechanism

Abstract:

Introduction

Issues identified and discussed

Prospects and conclusion

Part 2: International legal framework: implications for East Asia

Chapter 2: Navigating the currents of legal regimes and realpolitik in East Asiaâ?Ts maritime domain

Abstract:

Introduction

UNCLOS and freedom of navigation

Safety of navigation in East Asia

Military activities in EEZs

Fishing activities in disputed waters

Commercial activities in disputed waters

Threats to US commercial interests

Incidents involving Chinese ships and the Philippines

China-Vietnam cable cutting incidents

Current trends in military modernisation China

United States

The Philippines

Vietnam

Regional

Political implications: the way ahead

Piracy

US military activities in China's EEZ

Fishing in disputed waters

Commercial activities in disputed waters

Chapter 3: Compulsory pilotage and the law of the sea: lessons learned from the Torres Strait

Abstract:

Introduction

UNCLOS and regulation of navigation

Compulsory pilotage, the IMO and the UNCLOS

Torres Strait52

Straits of Malacca and Singapore83

Concluding remarks

Chapter 4: Navigational rights and marine scientific research: a further clarification?

Abstract:

Introduction

Marine scientific research and the UNCLOS

State practice

Chinese regulations

Hydrographic surveying and marine scientific research

Conclusion

Part 3: Safety of navigation from national perspectives

Chapter 5: South Korea and the safety of navigation: uncertainty derived from undefined fences

Abstract:

Introduction

South Korea v. North Korea1

South Korea v. China

The way forward: from the lesson of EEZ negotiation cooperation with China and Japan

Chapter 6: A Japanese researcherâ?Ts perspective on maritime navigation

Abstract:

Introduction

A view on navigation in the EEZ

The EEZ Group 21 on navigation in EEZs

The guidelines drawn up by the EEZ Group 21

Follow-up of the Guidelines

Preamble

1 Definitions

2 Rights and Duties of the Coastal State

3 Rights and Duties of Other States

4 Maritime Surveillance

5 Military Activities

6 Non-Interference with Electronic Systems

7 Suppression of Piracy and Other Unlawful Activities

8 Marine Scientific Research

9 Hydrographic Surveying

10 Transparency of Legislation

Chapter 7: Freedom of navigation and peaceful uses of the seas: UNCLOS, Chinese perspectives and personal thoughts

Abstract:

Purpose and structure

"Freedom of navigation” and "navigational rights” under the UNCLOS

Peaceful use of the seas and the use of force

China's perspectives

Concluding remarks

Chapter 8: Foreign military activities in the EEZ: preliminary views from Malaysia

Abstract:

Introduction

Why does Malaysia object to foreign states conducting military activities in its EEZ?

Malaysian maritime laws

Malaysia is not alone in opposing foreign military activities in EEZs

Concluding remarks

Chapter 9: Singaporeâ?Ts South China Sea policy: implications for freedom and safety of navigation

Abstract:

Introduction

A review of Singapore's South China Sea statements

Singapore's South China Sea policy

Determinants of Singapore's South China Sea policy

Singapore's South China Sea policy: a continuation of its overall foreign policy

Part 4: Navigational issues in the South China Sea

Chapter 10: Cooperative mechanism for safety and security of navigation and ocean governance in the South China Sea

Abstract:

Introduction

Background to current South China Sea conflict situation

Navigation and ocean governance as traditional security issues in the South China Sea: legal/political aspects

Charting an institutionalised cooperative mechanism for non-traditional security issues

Normative cooperation framework under UNCLOS for non-traditional security concerns in the South China Sea

Parties to maritime governance cooperation for the South China Sea: cooperation structure

Other major South China Sea cooperation issues

Institutionalised regional cooperation

Conclusions: the South China Sea situation - the real story

Chapter 11: Rethinking the coastal statesâ?T and user statesâ?T interests in the South China Sea: bridging the perception gap and sharing the responsibilities

Abstract:

Introduction

Post-2002 development of the South China Sea dispute

Perception gap between coastal states and user states

Clash of interests: perception gap on the international navigation regime

Clash of "freedom of navigation” and coastal states' interests

The way ahead

Changing ways of thinking

Conclusion

Chapter 12: Cross-strait cooperation on search and rescue in the Taiwan Strait and its implication for the South China Sea

Abstract:

Introduction

Potential causes of maritime accidents in the Taiwan Strait

Mechanisms of maritime search and rescue in mainland China and Taiwan

Methods and progress of cooperation on maritime search and rescue in the Taiwan Strait

Experience over the years

Implications for the South China Sea

Conclusion

Chapter 13: The use of PSSAs in the South China Sea

Abstract:

Introduction

Regulation of ship-source pollution under UNCLOS

Particularly Sensitive Sea Areas (PSSAs)

Existing PSSAs and associated protective measures

Sensitive sea areas in the South China Sea

Shipping activities in the South China Sea

Legal basis for cooperation among claimant states in proposing a PSSA

Compliance with associated protective measures in PSSA

Conclusion

Chapter 14: Towards a mandatory port state control system in the South China Sea

Abstract:

Introduction

Port state control under international law13

China's practice in the South China Sea

Towards a mandatory regional port state control system in the South China Sea

Conclusions

Selected bibliography

Index

O autorze

Wu Shicun is President of the National Institute for the South China Sea Studies, a sole national-level think-tank in China specializing in South China Sea studies and a wellrespected expert in the field of the South China Sea Studies. His research focuses on history and geography on the South China Sea, ocean boundary delimitation, international relations and regional security issues. He has considerable expertise and numerous publications to his credit. Keyuan Zou is Harris Professor of International Law at the Lancashire Law School of the University of Central Lancashire (UCLan), UK. He specializes in international law, in particular the law of the sea and international environmental law. Before this he worked in Dalhousie University in Canada, Peking University in China, University of Hannover in Germany, and the National University of Singapore. He is Academic Advisor to the China National Institute for South China Sea Studies and the Centre for Ocean Law and Policy of Shanghai Jiaotong University, China. Keyuan is member of the ESRC Peer Review College and the Commission on Environmental Law of the IUCN, and has published over 60 refereed papers in 30 international journals and eight single-authored and co-edited books, as well as being an editorial board member of international journals such as Ocean Development and International Law.