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Yann-huei Song - Major Law and Policy Issues in the South China Sea: European and American Perspectives

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Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries responses to the Chinese assertiveness, Chinas historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwans role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.

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MAJOR LAW AND POLICY ISSUES IN THE SOUTH CHINA SEA
Contemporary Issues in the South China Sea
The South China Sea involves a wide array of complex issues covering sovereignty over islands and reefs, maritime delimitation, maritime security, cooperation against piracy and terrorism, resource development and environmental protection, all of which require extensive research. The areas importance largely results from one-third of the worlds shipping transiting through its waters and that it is believed to hold huge oil and gas reserves beneath its seabed. Several countries have made competing territorial claims over the South China Sea with such disputes being regarded as Asias most potentially dangerous source of conflict. This series seeks to provide thoughtful consideration of these issues from a variety of interdisciplinary perspectives. It provides an opportunity for early career researchers as well as established scholars to publish theoretically informed monographs and edited volumes that engage with key issues in this region.
Others titles in this series:
Non-Traditional Security Issues and the South China Sea
Shaping a New Framework for Cooperation

Edited by Shicun Wu and Keyuan Zou
Major Law and Policy Issues in the South China Sea
European and American Perspectives
Edited by
YANN-HUEI SONG
Academia Sinica, Taiwan
KEYUAN ZOU
University of Central Lancashire (UCLan), UK
First published 2014 by Ashgate Publishing Published 2016 by Routledge 2 Park - photo 1
First published 2014 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 2014 Yann-huei Song and Keyuan Zou
Yann-huei Song and Keyuan Zou have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
The Library of Congress has cataloged the printed edition as follows:
Major law and policy issues in the South China Sea : European and American perspectives / edited by By Yann-huei Song and Keyuan Zou.
pages cm. -- (Contemporary issues in the south china sea)
Includes bibliographical references and index.
ISBN 978-1-4094-5594-3 (hardback) 1. Law of the sea--South China Sea. 2. Pacific settlement of international disputes. 3. National security--South China Sea--International cooperation. 4. South China Sea--Safety measures--International cooperation. 5. Territorial waters--South China Sea Region. 6. Security, International--South China Sea Region. I. Song, Yann-huei, editor of compilation. II. Zou, Keyuan, editor of compilation.
KZA1146.C6M35 2013
341.450916472--dc23
2013025913
ISBN 9781409455943 (hbk)
ISBN 9781315593210 (ebk)
This book is dedicated to the late Professor Jon M. Van Dyke for his significant contributions to the law of the sea studies and discipline developments with a particular reference to the Asia-Pacific region
Contents

Yann-huei Song and Keyuan Zou

Jon M. Van Dyke and Sherry P. Broder

Carlyle A. Thayer

Peter A. Dutton

Yann-huei Song

Sam Bateman

Keyuan Zou

Erik Franckx

Geoffrey Till
10 Jockeying for Position in the South China Sea: Cooperative Strategy or Managed
Conflict?
Theresa Fallon

Stein Tnnesson

Daniel Schaeffer

Cheng-yi Lin

Ian Townsend-Gault

Yann-huei Song and Keyuan Zou
List of Figures and Tables
Figures
Tables
List of Editors and Contributors
Editors
Yann-huei Song received his undergraduate degree from National Chengchi University, Taipei, Taiwan, a Masters degree in Political Science from Indiana State University, Indiana, USA, a LL.M. degree from the University of California School of Law (Boalt Hall), Berkeley, California, USA, a doctoral degree in International Relations from Kent State University, Kent, Ohio, USA, and a JSD degree from the University of California School of Law.
Following graduation from Kent State University, Dr. Song taught at Department of Political Science, Indiana State University as Assistant Professor in 1988. He then returned to his country and taught as an Associate Professor at Institute of Maritime Law, National Taiwan Ocean University, Keelung, Taiwan in 1990. Currently, Dr. Song is a research fellow at the Institute of European and American Studies, Academia Sinica, Nangang, Taipei, Taiwan.
Dr. Songs research interests are in the fields of International Law of the Sea, International Fisheries Law, International Environmental Law, National Ocean Policy Study, Naval Arms Control and Maritime Security. He has published articles in journals such as Political Geography Quarterly, Asian Survey, Marine Policy, Chinese Yearbook of International Law and Affairs, Issues and Studies, The American Asian Review, Ocean Development and International Law, EurAmerica, Ecology Law Review, the International Journal of Coastal and Marine Law, The Indonesian Quarterly and others.
Keyuan Zou is Harris Professor of International Law at the Lancashire Law School of the University of Central Lancashire (UCLan), United Kingdom. He specializes in international law, in particular law of the sea and international environmental law. Before joining UCLan, he worked at Dalhousie University, Canada, Peking University, China, University of Hannover, Germany and National University of Singapore.
He has published over 60 refereed English papers in nearly 30 international journals including Asian Yearbook of International Law, Asia-Pacific Journal of Environmental Law, Chinese Journal of International Law, Columbia Journal of International Affairs, Criminal Law Forum, International Journal of Marine and Coastal Law, International Lawyer, Journal of Environmental Law, Journal of International Maritime Law, Journal of International Wildlife Law and Policy, Journal of Maritime Law and Commerce, Lloyds Maritime and Commercial Law Quarterly, Marine Policy, Maritime Policy and Management, Netherlands International Law Review, Ocean Development and International Law, Ocean Yearbook, Singapore Journal of International and Comparative Law, Ocean and Coastal Management and Yearbook Law and Legal Practice in East Asia.
His recent single-authored books include Law of the Sea in East Asia: Issues and Prospects
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