UN CONVENTION ON THE LAW OF THE SEA AND THE SOUTH CHINA SEA
Contemporary Issues in the South China Sea
Series Editors: Shicun Wu, National Institute for South China Sea Studies, China; Keyuan Zou, University of Central Lancashire, UK
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.
Also in the 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 and Keyuan Zou
UN Convention on the Law of the Sea and the South China Sea
Edited by
SHICUN WU, MARK VALENCIA AND NONG HONG
National Institute for South China Sea Studies (NISCSS)
First published 2015 by Ashgate Publishing
Published 2016 by Routledge
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Copyright Shicun Wu, Mark Valencia and Nong Hong 2015
Shicun Wu, Mark Valencia and Nong Hong have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.
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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:
UN Convention on the Law of the Sea and the South China Sea / edited by Shicun Wu, Mark Valencia and Nong Hong.
pages cm. -- (Contemporary issues in the South China Sea)
Other title: United Nations Convention on the Law of the Sea and the South China Sea
Includes bibliographical references and index.
ISBN 978-1-4724-5295-5 (hardback) -- ISBN 978-1-3155-4943-9 (ebook) -- ISBN 978-1-3170-0561-2 (epub) 1. United Nations Convention on the Law of the Sea (1982 December 10) 2. Law of the sea--South China Sea Region. 3. Territorial waters--South China Sea Region. I. Wu, Shicun, editor. II. Valencia, Mark J., editor. III. Hong, Nong, editor. IV. Title: United Nations Convention on the Law of the Sea and the South China Sea.
KZA1120.3.U5 2015
341.450916472--dc23
2015008094
ISBN 9781472452955 (hbk)
ISBN 9781315549439 (ebk-PDF)
ISBN 9781317005612 (ebk-ePUB)
Contents
Shicun Wu, Mark J. Valencia, and Nong Hong
Jos Luis Jesus
Helmut Tuerk
Mark J. Valencia
Hasjim Djalal
Vesselin Popovski
Stuart Kaye
Andr Tahindro
Clive Schofield
Donald R. Rothwell
Clive R. Symmons
Keyuan Zou
Robert Beckman
Nong Hong
Michael Sheng-ti Gau
List of Figures and Tables
Figures
Tables
Notes on Contributors
Shicun Wu, PhD in history, is President and Senior Research Fellow of the National Institute for South China Sea Studies, and Deputy Director of the Collaborative Innovation Center of South China Sea Studies, Nanjing University. Dr Wus research interests cover the history and geography of the South China Sea, maritime delimitation, maritime economy, international relations and regional security strategy. His main single-authored books include Solving Disputes for Regional Cooperation and Development in the South China Sea: A Chinese Perspective (Woodhead Publishing, 2013), A Study on the South China Sea Disputes (Hainan Publishing House, 2005) and The Origin and Development of the Nansha Disputes (Ocean Press, 1999). His main edited books include: Recent Developments in the South China Sea Dispute: The Prospect of a Joint Development Regime (Ashgate, 2014), Securing the Safety of Navigation in East Asia: Legal and Political Dimensions (Woodhead Publishing, 2013), Maritime Security in the South China Sea (Ashgate, 2009), Selective Studies on World Famous Island Economic Bodies (World Knowledge, 2006) and Collection of Documents Relating to South China Sea Issues (Hainan Publishing House, 2001). Dr Wu has published widely in academic journals and been the subject of frequent media interviews as a senior commentator on South China Sea issues.
Mark J. Valencia is an internationally known maritime policy analyst, political commentator and consultant focused on Asia. He has been a speaker at the World Knowledge Forum in Seoul and numerous other important international meetings. He was a senior fellow with the East-West Center for 26 years where he originated, developed and managed international, interdisciplinary projects on maritime policy and international relations in Asia. Most recently he was a visiting senior scholar at Chinas National Institute for South China Sea Studies. Before joining the East-West Center, Dr Valencia was a lecturer at the University Sains Malaysia and a technical expert with the UNDP Regional Project on Offshore Prospecting based in Bangkok. He earned a PhD in Oceanography and a Diploma in the Asian Overseas Career Program from the University of Hawaii, and a MA in Marine Affairs from the University of Rhode Island. Dr Valencia has also been an associate of the National Asia Research Program co-sponsored by the National Bureau of Asia Research and the Woodrow Wilson Center, a visiting senior fellow at the Maritime Institute of Malaysia and a visiting senior scholar at Japans Ocean Policy Research Foundation. He was a Fulbright fellow to Australia (2007) and to Malaysia (1985), an Abe fellow, a DAAD (German Government) fellow, an International Institute for Asian Studies (Leiden University) visiting fellow, and a US State Department-sponsored international speaker. He has also been a consultant to international organizations (e.g. IMO, UNDP, UNU, PEMSEA); government institutions and agencies (e.g. Canada, Japan, Malaysia, the Republic of Korea, Singapore, Taiwan, Vietnam and the United States); and numerous private entities (e.g. Shell, CONOCO, and legal firms dealing with maritime issues). Dr Valencia has published some 15 books and about 100 articles in peer-reviewed journals and has been a frequent contributor to prominent public media such as the
