Securing the Safety of Navigation in East Asia

Securing the Safety of Navigation in East Asia

Legal and Political Dimensions

1st Edition - October 31, 2013

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  • Editors: Shicun Wu, Keyuan Zou
  • eBook ISBN: 9781782421603
  • Hardcover ISBN: 9780857094896

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Description

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.

Key Features

  • 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

Readership

Professionals in international relations, international law, China and Southeast Asian studies, political geography, and strategic studies

Table of Contents

  • 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 Asia’s 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 researcher’s 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: Singapore’s 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 states’ and user states’ 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

Product details

  • No. of pages: 304
  • Language: English
  • Copyright: © Chandos Publishing 2013
  • Published: October 31, 2013
  • Imprint: Chandos Publishing
  • eBook ISBN: 9781782421603
  • Hardcover ISBN: 9780857094896

About the Editors

Shicun Wu

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.

Affiliations and Expertise

National Institute for the South China Sea Studies, China

Keyuan Zou

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.

Affiliations and Expertise

University of Central Lancashire, UK

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