This book provides critical legal analyses of latest developments in ocean law and policy by leading Asian legal scholars in the 5 years leading up to the 30th anniversary of the United Nations Convention on the Law of the Sea (UNCLOS) entering into force on 16 November 1994. The Asia's maritime domain, including both the Pacific and Indian Oceans, is currently facing a plethora of serious challenges, ranging from maritime and territorial disputes (especially in the South China Sea and East China Sea), competition between superpowers, piracy and armed robbery at sea, the degradation of marine environment, IUU fishing, to sea-level rising. This book allows readers to explore and understand how the scholars in the region examine, conceive, understand, and suggest solutions to these challenges.

Brings together perspectives from leading scholars in Asia on developments in ocean law and policy in the region Considers the impact of UNCLOS on ocean law in the region 40 years on Highlights how the Asian legal epistemic community view and understand different ocean issues

Autorentext

Nguyen Hong Thao, Member of the UN International Law Commission (2017-2022 and 2023-2027), is currently teaching as Senior Lecturer at the Diplomacy Academy of Vietnam and National University of Hanoi. He received his LL.B. and Ph.D. from University of Paris I Pantheon - Sorbonne, France. His main academic specializations are in Public International Law, Law of the Sea, International Organizations, International Humanitarian and Environmental Law. He is Author of series of works on international law, especially on the maritime dispute resolutions. He has had experience in maritime affairs and diplomacy, with Ambassador Postings in Malaysia (2011-2014) and Kuwait (2014-2017). He is also Member of Asian Society of International Law, Vietnam Society of International Law, Editor-in-Chief of the Vietnamese Yearbook on International Law, Member of the Advisory Board of the Asian Yearbook of International Law AYBIL, Member of the Asian Journal of International Law, AALCO Journal of International Law and Journal of East Asia and International Law Editorial Boards. Vu Hai Dang is a Researcher at the Diplomatic Academy of Viet Nam. His area of expertise includes international law, law of the sea, and international environmental law with a geographical focus on Southeast Asia and the South China Sea. He has experience working in the fields of private practice, civil service, diplomacy, and academia.

Inhalt

Settlement of Disputes: Bay of Bengal.- Territorial and Maritime Disputes: South China Sea.- Settlement of Disputes: Maritime Delimitation.- The Practical Implications of Unresolved Maritime Boundaries: Special Reference to the Malaysian Position.- Moving from MPAs to Area-based Management Measures in the South China Sea.- The Necessity of Indonesia's Measures to Sink Vessels for IUU Fishing in the Exclusive Economic Zone.- Expanding the Environmental Regulatory Scope of UNCLOS Through the Rule of Reference: Potentials and Limits.- Improving the Freedom of Repairing Telecommunication Submarine Cables in Southeast Asia.- Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas.- Regulating Exceptions for Research and Exploratory Fishing in Southern Ocean Marine Protected Areas.- Doctrines of Self-Defence on the High Seas under Law of the Sea.- International Arbitration of Maritime Delimitation.- China's Participation in the Global Ocean Governance Reform.