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Maritime Energy Resources in Asia

Legal Regimes and Cooperation

Edited by Clive Schofield

Publication Year: 2012

In this NBR Special Report a team of international scholars, led by principal investigator Clive Schofield (University of Wollongong, Australia), examines the energy and geopolitical drivers influencing the maritime jurisdictional disputes in the East China S

Published by: National Bureau of Asian Research

Title Page, Copyright

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p. 2-2

Table of Contents

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pp. i-ii

Maps

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pp. iii-vi

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Maritime Cooperation in Contested Waters: Addressing Legal Challenges in East and Southeast Asian Waters

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pp. 1-6

The semi-enclosed maritime spaces located off East and Southeast Asia are perhaps the most disputed maritime spaces in the world. They host a complex range of territorial and maritime disputes featuring multiple players. These disputes are also multifaceted in that they encompass a complex range of distinct yet often interrelated challenges, including...

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Maritime Cooperation in a Functional Perspective

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pp. 7-22

Cooperation between states in the pursuit of marine activities is required, strongly encouraged, or merely suggested in a variety of circumstances. The “cooperative ethic,” in whatever form it takes, may be expressed in the provisions of a convention or derive from the rules of customary international law. There are also situations where this ethic...

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UNCLOS and the Obligation to Cooperate

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pp. 23-34

Ian Townsend-Gault’s essay places maritime cooperation in the context of the development of the international law of the sea since 1945, as well as the larger goals of sustainable development of marine resources, and environmental and ecological protection and preservation. There is a role for international law in securing these objectives. The salient legal provisions are found in...

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Adding Further Complexity? Extended Continental Shelf Submissions in East and Southeast Asia

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pp. 35-60

This essay examines submissions to The United Nations Convention on the Law of the Sea of 1982 (hereinafter referred to as UNCLOS),1 which provides the principal international law framework governing the maritime entitlements of coastal states. UNCLOS has gained widespread international recognition, and at the time of writing 161 states had...

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The Regime of Islands under UNCLOS: Implications for the South China Sea

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pp. 61-78

A critical source of dispute in both the East China Sea and South China Sea is the question not only of sovereignty over numerous disputed islands, but also their status in terms of international law and thus their capacity to generate extended claims to maritime jurisdiction. That is, the question is whether a particular insular feature is either an island...

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Recent Practices in Dispute Management in the South China Sea

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pp. 79-104

This essay assesses the different approaches to dispute management utilized in the South China Sea with the aim of shedding light on their implications for the future of conflict management in the region. For the purpose of this study, the geographical area considered will include not only the South China Sea proper but also adjacent maritime areas such...

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The Implications of Recent Decisions on the Territorial and Maritime Boundary Disputes in East and Southeast Asia

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pp. 105-128

Maritime delimitation—and thus, jurisdictional certainty—is an essential requirement to ensure comprehensive and sustainable management of living resources and the preservation and protection of the marine environment.1 Disputed territorial sovereignty and contested maritime boundaries impair maritime security, hamper effective interstate cooperation, compromise sustainable use of scarce natural resources, and...

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Joint Development in Asia:Some Valuable Lessons Learned

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pp. 129-160

The establishment of an exclusive economic zone (EEZ)1 of 200 nautical miles (nm) and a continental shelf2 under the 1982 UN Convention for the Law of the Sea (UNCLOS) has reportedly placed 87% of the world’s known offshore hydrocarbon fields under coastal state jurisdiction.3 The possibility of such vast untapped oil and gas resources has arguably...

Back Cover

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pp. 169-170


E-ISBN-13: 9780981890456

Page Count: 160
Publication Year: 2012