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Securing the Safety of Navigation in East Asia
Legal and Political Dimensions
Identifies salient issues for academic debate, and further explores those that have practical implications for the safety of navigation in East Asia.
Shicun Wu (Edited by), Keyuan Zou (Edited by)
9780857094896
Hardback, published 31 October 2013
304 pages
23.3 x 15.6 x 2.3 cm, 0.62 kg
Safe navigation of the seas is of global importance. Sea lanes provide vital connections for the growth of the global economy and the wellbeing of people everywhere. The sea lanes are of particular importance for the East Asian region, as most trade is undertaken on the ocean. Booming economies in the region such as China and Vietnam put more pressure on sea lanes, triggering concern for the safety of navigation. Securing the Safety of Navigation in East Asia identifies salient issues for academic debate, and further explores those that have practical implications for the safety of navigation in East Asia. Contemporary maritime security concentrates on safe navigation and inhibiting transnational crimes, including sea piracy and maritime terrorism. Maritime environmental security and search and rescue at sea are also important. Securing the Safety of Navigation in East Asia is structured into four sections: the first part introduces the topic, and looks at the safety of navigation and the search for a cooperative mechanism. The second part considers the international legal framework and its implications for East Asia. The third part presents national perspectives on the safety of navigation, and fi nally part four considers navigational issues in the South China Sea.
About the editors and contributors Part 1: Introduction Chapter 1: Safety of navigation in East Asia: seeking a cooperative mechanism Abstract: Introduction Issues identified and discussed Prospects and conclusion Part 2: International legal framework: implications for East Asia Chapter 2: Navigating the currents of legal regimes and realpolitik in East Asia’s maritime domain Abstract: Introduction UNCLOS and freedom of navigation Safety of navigation in East Asia Military activities in EEZs Fishing activities in disputed waters Commercial activities in disputed waters Threats to US commercial interests Incidents involving Chinese ships and the Philippines China–Vietnam cable cutting incidents Current trends in military modernisation China United States The Philippines Vietnam Regional Political implications: the way ahead Piracy US military activities in China’s EEZ Fishing in disputed waters Commercial activities in disputed waters Chapter 3: Compulsory pilotage and the law of the sea: lessons learned from the Torres Strait Abstract: Introduction UNCLOS and regulation of navigation Compulsory pilotage, the IMO and the UNCLOS Torres Strait52 Straits of Malacca and Singapore83 Concluding remarks Chapter 4: Navigational rights and marine scientific research: a further clarification? Abstract: Introduction Marine scientific research and the UNCLOS State practice Chinese regulations Hydrographic surveying and marine scientific research Conclusion Part 3: Safety of navigation from national perspectives Chapter 5: South Korea and the safety of navigation: uncertainty derived from undefined fences Abstract: Introduction South Korea v. North Korea1 South Korea v. China The way forward: from the lesson of EEZ negotiation cooperation with China and Japan Chapter 6: A Japanese researcher’s perspective on maritime navigation Abstract: Introduction A view on navigation in the EEZ The EEZ Group 21 on navigation in EEZs The guidelines drawn up by the EEZ Group 21 Follow-up of the Guidelines Preamble 1 Definitions 2 Rights and Duties of the Coastal State 3 Rights and Duties of Other States 4 Maritime Surveillance 5 Military Activities 6 Non-Interference with Electronic Systems 7 Suppression of Piracy and Other Unlawful Activities 8 Marine Scientific Research 9 Hydrographic Surveying 10 Transparency of Legislation Chapter 7: Freedom of navigation and peaceful uses of the seas: UNCLOS, Chinese perspectives and personal thoughts Abstract: Purpose and structure “Freedom of navigation? and “navigational rights? under the UNCLOS Peaceful use of the seas and the use of force China’s perspectives Concluding remarks Chapter 8: Foreign military activities in the EEZ: preliminary views from Malaysia Abstract: Introduction Why does Malaysia object to foreign states conducting military activities in its EEZ? Malaysian maritime laws Malaysia is not alone in opposing foreign military activities in EEZs Concluding remarks Chapter 9: Singapore’s South China Sea policy: implications for freedom and safety of navigation Abstract: Introduction A review of Singapore’s South China Sea statements Singapore’s South China Sea policy Determinants of Singapore’s South China Sea policy Singapore’s South China Sea policy: a continuation of its overall foreign policy Part 4: Navigational issues in the South China Sea Chapter 10: Cooperative mechanism for safety and security of navigation and ocean governance in the South China Sea Abstract: Introduction Background to current South China Sea conflict situation Navigation and ocean governance as traditional security issues in the South China Sea: legal/political aspects Charting an institutionalised cooperative mechanism for non-traditional security issues Normative cooperation framework under UNCLOS for non-traditional security concerns in the South China Sea Parties to maritime governance cooperation for the South China Sea: cooperation structure Other major South China Sea cooperation issues Institutionalised regional cooperation Conclusions: the South China Sea situation – the real story Chapter 11: Rethinking the coastal states’ and user states’ interests in the South China Sea: bridging the perception gap and sharing the responsibilities Abstract: Introduction Post-2002 development of the South China Sea dispute Perception gap between coastal states and user states Clash of interests: perception gap on the international navigation regime Clash of “freedom of navigation? and coastal states’ interests The way ahead Changing ways of thinking Conclusion Chapter 12: Cross-strait cooperation on search and rescue in the Taiwan Strait and its implication for the South China Sea Abstract: Introduction Potential causes of maritime accidents in the Taiwan Strait Mechanisms of maritime search and rescue in mainland China and Taiwan Methods and progress of cooperation on maritime search and rescue in the Taiwan Strait Experience over the years Implications for the South China Sea Conclusion Chapter 13: The use of PSSAs in the South China Sea Abstract: Introduction Regulation of ship-source pollution under UNCLOS Particularly Sensitive Sea Areas (PSSAs) Existing PSSAs and associated protective measures Sensitive sea areas in the South China Sea Shipping activities in the South China Sea Legal basis for cooperation among claimant states in proposing a PSSA Compliance with associated protective measures in PSSA Conclusion Chapter 14: Towards a mandatory port state control system in the South China Sea Abstract: Introduction Port state control under international law13 China’s practice in the South China Sea Towards a mandatory regional port state control system in the South China Sea Conclusions Selected bibliography Index
Subject Areas: Transport: general interest [WG], Personal safety [VFB], Industry & industrial studies [KN]
