Law Commons^™

The Law Of The Sea Convention And Sea Level Rise In The Light Of The South China Sea Arbitration, Stuart B. Kaye

Faculty of Law, Humanities and the Arts - Papers (Archive)

Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have …

The Arbitral Award In The Matter Of The South China Sea Between The Philippines And China What Are The Implications For Freedom Of Navigation And The Use Of Force?, Cameron Moore

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article considers the implications of the Award for freedom of navigation and the use of force in the South China Sea, identifying the conclusions that can be drawn from the Award and the questions that remain. The Award also indirectly raised the question of the use of force to defend navigational rights. This article therefore revisits the Corfu Channel Case for the light it may shed on the use of force and freedom of navigation in the South China Sea. This leads to questions of the danger of miscalculation and the potential importance of the Code for Unplanned Encounters …

Bridging Troubled Waters: China, Japan, And Maritime Order In The East China Sea. By James Manicom. Washington, D.C.: Georgetown University Press, 2014. Softcover: 266pp., Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

In this book, James Manicom contests the orthodox view that the strategic rivalry between China and Japan will escalate into a fullblown military conflict. The book concedes that the East China Sea will be the likely medium for Sino–Japanese military rivalry and cyclical tensions will persist; however, it makes the compelling case that cooperation will endure.

How Will The Next Philippine President Navigate The Turbulent Waters Of The South China Sea?, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The leadership change in Manila after the May 2016 presidential elections will certainly have significant impact on the country's policy towards China over the ongoing dispute in the West Philippine Sea. The change in Philippine leadership may portend either continuity or dramatic foreign policy shifts when it comes to this heated issue.

The South China Sea Issue And Philippine President-Elect Rodrigo Duterte, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Michel Hockx, Internet Literature In China, Xiaoping Gao

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Why The World Is Wary Of China’S ‘Great Wall Of Sand’ In The Sea, Clive H. Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

China’s neighbours have accused it of destroying an estimated 120 hectares of coral reef systems in the disputed Spratly Islands through land reclamation. EPA/Armed Forces of the Philippines.

The leaders of Southeast Asian nations recently took the extraordinary step of warning China that its island-building activities in the contested South China Sea “may undermine peace, security and stability” in the region.

That’s strong language from the usually reticent 10-member Association of Southeast Asian Nations (ASEAN), and shows just how high tempers are flaring over what has been called China’s “great wall of sand” in a strategically important area.

The commander …

Stemming The Black Tide: Cooperation On Oil Pollution Preparedness And Response In The South China Sea And East Asian Seas, Robin M. Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

As global hydrocarbon resources on shore steadily decline, there has been an increase in offshore hydrocarbon exploration and exploitation. Some estimates suggest that there are over 6,000 offshore oil and gas installations worldwide. Notwithstanding simmering disputes over the territorial sovereignty and associated maritime zones of a number of island groups in the South China Sea and adjacent East Asian seas, exploration for offshore oil and gas resources under national and joint development regimes has become a prominent feature of these areas. It is estimated that there are now over 1,390 offshore oil and gas installations in the South China Sea …

New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

The widespread take-up of Internet technologies from the mid-1990s has proven challenging to nation states that seek to limit access to ideas, information or images that the political class considers dangerous or inappropriate for the general population. As a largely deterritorialized technology, the Internet allows access to material that circumvents national legislatures and ignores local ratings systems and in so doing facilitates all kinds of inter-cultural and transnational flows of communication. Different countries have different sensitivities regarding the kinds of material that should not be freely available to their citizens and although the entry of such material is closely scrutinized …

Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi

Faculty of Law, Humanities and the Arts - Papers (Archive)

The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …

Defining Eez Claims From Islands: A Potential South China Sea Change, Robert Beckman, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

In the face of seemingly intractable territorial and maritime disputes in the South China Sea, the article examines how the 1982 United Nations Convention on the Law of the Sea (LOSC), sets out what maritime claims States can make in the South China Sea and how it establishes a framework that will enable States to either negotiate maritime boundary agreements or negotiate joint development arrangements (JDAs) in areas of overlapping maritime claims. It provides an avenue whereby the maritime claims of the claimants can be brought into line with international law, potentially allowing for meaningful discussions on cooperation and maritime …

Filial Obligation In Contemporary China: Evolution Of The Culture-System, Xiaoying Qi

Faculty of Law, Humanities and the Arts - Papers (Archive)

Family obligation, which has an exceptionally high salience in traditional Chinese society, continues to be significant in contemporary China. In family relations in particular sentiments and practices morphologically similar to those associated with xiao (filial piety) remains intact in so far as an enduring set of expectations concerning age-based obligation continues to structure behavior toward others. Researchers pursuing the theme of “individualization” in Chinese society, on the other hand, argue that family obligations and filial sentiments have substantially weakened. The present paper will show that under conditions of cultural and social change in China filial behavior through family obligation continues …

Gigantic Shipbuilders Under The Imo Mandate Of Ghg Emissions: With Special References To China, Japan And Korea, Yubing Shi

Faculty of Law, Humanities and the Arts - Papers (Archive)

To address greenhouse gas emissions from international shipping, the International Maritime Organization has adopted technical and operational measures, and discussed the possibilihj of adopting market-based measures. China, Japan and South Korea are major shipbuilding nations in the world, and have differing responses towards the IMO's regulatory initiatives. This paper conducts a comparative assessment of these three countries' positions on regulatory principles of the greenhouse gas issue, and concludes that their differentiated perspectives on this matter reflect their different regulatory interests. It is significant to take their differentiated interests into account in the developing regulatory regime to avoid disproportionate burdens being …

Complicating The Complex: China's Adiz, Lowell Bautista, Julio Amador Iii

Faculty of Law, Humanities and the Arts - Papers (Archive)

In a move that further escalated tension in the region, China’s announcement of an Air Defense Identification Zone (ADIZ) in the East China Sea, elicited strong protests from the United States, Japan, and South Korea. The Chinese ADIZ includes airspace over the Diaoyu/Senkaku Islands claimed by both China and Japan and requires that aircraft entering its ADIZ must report flight information to Chinese authorities, otherwise, “China’s armed forces will adopt defensive emergency measures to respond to aircraft that do not cooperate in the identification or refuse to follow the instructions.” These measures are clearly provocative, contrary to international practice, and …

The Philippine Claim To Bajo De Masinloc In The Context Of The South China Sea Dispute, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Philippine claim to Bajo de Masinloc, otherwise referred to as Scarborough Shoal, finds solid basis in international law. The territorial claim of the Philippines over Bajo de Masinloc is strong relative to the claim of China as well as with respect to the principles on the acquisition of territory in international law, in particular, on the basis of effective occupation. The sovereign rights and jurisdiction asserted by the Philippines over the maritime entitlements of the features in Bajo de Masinloc are founded on principles of international law and consistent with the United Nations Convention on the Law of the …

What's At Stake In The South China Sea? Geographical And Geopolitical Considerations, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

The South China Sea ranks among the most geographically and geopolitically complex ocean spaces in the world. It certainly appears to have been one of its most vigorously contested, featuring multiple, longstanding and competing territorial and maritime jurisdictional claims. The objective of this chapter is to provide the geographical and geopolitical background to the frequently conflicting national maritime claims made by the South China Sea littoral States. This exercise is designed to provide the necessary contextual backdrop to considerations of the application of maritime joint development mechanisms and/or other provisional arrangements of a practical nature in the South China Sea. …

Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

Faculty of Law, Humanities and the Arts - Papers (Archive)

Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this non- confrontational, non-binding and …

Moving Forward On Joint Development In The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

Faculty of Law, Humanities and the Arts - Papers (Archive)

The examination of the factors that facilitated the conclusion of joint development arrangements in Asia in Chapter 11 has demonstrated that there remain considerable obstacles before joint development in the South China Sea can be discussed in a serious and meaningful manner. The following recommendations set out steps which the claimants and, in certain circumstances, other relevant stakeholders, can take to move towards a situation where joint development is a feasible dispute settlement option.

Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

The South China Sea is host to a complex coastal geography, numerous sovereignty disputes over islands featuring multiple claimants, excessive and controversial claims to baselines, confl icting and overlapping claims to maritime jurisdiction and, most recently, contested submissions regarding extended continental shelf rights. The objective of this paper is to review and analyse these issues from spatial, legal and geopolitical perspectives. An overview and assessment of the geographical and geopolitical factors that inform and underlie the South China Sea disputes is offered prior to the claims of the littoral states to baselines and maritime zones being assessed. Maritime boundary agreements …

Book Review Of Oil On Water: Tankers, Pirates And The Rise Of China, Christopher Rahman

Faculty of Law - Papers (Archive)

Oil on Water sheds light on the vital economic and strategic issue of the international oil trade. Oil remains the most important of all fuels, and the viability of the oil trade is highly dependent upon the safety and security of shipping. However, while the idea of ‘energy security’ is a term widely employed and appreciated in the abstract, the actual details of how the world’s economies are supplied are not well understood. The issue has gained much greater salience in recent years due to structural upward changes in oil prices, mostly as a result of rapidly growing demand in …

Island Disputes And The "Oil Factor" In The South China Sea Disputes, Clive H. Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

The South China Sea has long been regarded as one of the key potential flashpoints for conflict in the Asia-Pacific, alongside North Korea and Taiwan. Recently tensions have been on the rise and relations between China and the other South China Sea littoral states have become more fraught – characterised not only by diplomatic claim and counter-claim (though frequently framed in less than diplomatic language) but also, more worryingly, by confrontations at sea.

Context, as they say, is everything. This article briefly outlines geopolitical drivers that sustain these complex and seemingly intractable disputes, and seeks to shed light on their …

Chinese Merchants In Singapore And The China Trade, 1819-1959, Jason Lim

Faculty of Law, Humanities and the Arts - Papers (Archive)

Chinese merchants in Singapore were involved with the China trade after the British established a trading post in Singapore in 1819. These merchants were regarded as Chinese citizens by the Chinese state and expected to be engaged in patriotic activities such as the promotion of Chinese goods as “national products” in the 1930s, and comply with Chinese government regulations during the Sino-Japanese War and after the communist victory in China in 1949. This paper traces the vicissitudes of the China trade for the Chinese merchants in Singapore as the island went through phases of political and economic stability, international competition, …

Review Of Zheng Yangwen And Charles J-H Macdonald, Personal Names In Asia: History, Culture And Identity And Khun Eng Kuah-Pearce, Rebuilding The Ancestral Village: Singaporeans In China, Jason Lim

Faculty of Law, Humanities and the Arts - Papers (Archive)

Both Personal names in Asia: History, culture and identity and Rebuilding the ancestral village: Singaporeans in China share a common theme of individuals and communities having to change with the times. Personal names examines individual and collective reactions to societal transformation through name changes; Rebuilding the ancestral village examines Chinese Singaporeans’ collective memory of, and struggles to maintain ties with, such villages in China.

China's Maritime Strategic Agenda, Christopher Rahman

Faculty of Law - Papers (Archive)

Just what’s China up to at sea? To casual observers, including a burgeoning legion of journalists, commentators and bloggers, China seems set on a path to becoming a major force on the world’s oceans, developing bluewater naval power with which to protect the Chinese state’s expanding economic ties to far-flung corners of the world and project political and even strategic influence. Such observers rightly note the rapid growth in China’s international seaborne trade, its shipping and shipbuilding sectors, and its marine economy and maritime interests in general. China’s naval developments over the past decade have been widely commented on, especially …

Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.