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Securing the Safety of Navigation in East Asia

Book Description

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 identifi es 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.

  • Places a special focus on East Asia
  • Accommodates national perspectives in East Asia on navigation given by scholars from China, Japan, South Korea, Malaysia, the Philippines, and Singapore
  • Presents a special section on the South China Sea, located in Southeast Asia and connecting the Indian and Pacific oceans; a critical sea route for maritime transport

Table of Contents

  1. Cover image
  2. Title page
  3. Table of Contents
  4. Copyright
  5. About the editors and contributors
  6. Part 1: Introduction
    1. Chapter 1: Safety of navigation in East Asia: seeking a cooperative mechanism
      1. Abstract:
      2. Introduction
      3. Issues identified and discussed
      4. Prospects and conclusion
  7. Part 2: International legal framework: implications for East Asia
    1. Chapter 2: Navigating the currents of legal regimes and realpolitik in East Asia’s maritime domain
      1. Abstract:
      2. Introduction
      3. UNCLOS and freedom of navigation
      4. Safety of navigation in East Asia
      5. Military activities in EEZs
      6. Fishing activities in disputed waters
      7. Commercial activities in disputed waters
      8. Threats to US commercial interests
      9. Incidents involving Chinese ships and the Philippines
      10. China–Vietnam cable cutting incidents
      11. Current trends in military modernisation China
      12. United States
      13. The Philippines
      14. Vietnam
      15. Regional
      16. Political implications: the way ahead
      17. Piracy
      18. US military activities in China’s EEZ
      19. Fishing in disputed waters
      20. Commercial activities in disputed waters
    2. Chapter 3: Compulsory pilotage and the law of the sea: lessons learned from the Torres Strait
      1. Abstract:
      2. Introduction
      3. UNCLOS and regulation of navigation
      4. Compulsory pilotage, the IMO and the UNCLOS
      5. Torres Strait52
      6. Straits of Malacca and Singapore83
      7. Concluding remarks
    3. Chapter 4: Navigational rights and marine scientific research: a further clarification?
      1. Abstract:
      2. Introduction
      3. Marine scientific research and the UNCLOS
      4. State practice
      5. Chinese regulations
      6. Hydrographic surveying and marine scientific research
      7. Conclusion
  8. Part 3: Safety of navigation from national perspectives
    1. Chapter 5: South Korea and the safety of navigation: uncertainty derived from undefined fences
      1. Abstract:
      2. Introduction
      3. South Korea v. North Korea1
      4. South Korea v. China
      5. The way forward: from the lesson of EEZ negotiation cooperation with China and Japan
    2. Chapter 6: A Japanese researcher’s perspective on maritime navigation
      1. Abstract:
      2. Introduction
      3. A view on navigation in the EEZ
      4. The EEZ Group 21 on navigation in EEZs
      5. The guidelines drawn up by the EEZ Group 21
      6. Follow-up of the Guidelines
      7. Preamble
      8. 1 Definitions
      9. 2 Rights and Duties of the Coastal State
      10. 3 Rights and Duties of Other States
      11. 4 Maritime Surveillance
      12. 5 Military Activities
      13. 6 Non-Interference with Electronic Systems
      14. 7 Suppression of Piracy and Other Unlawful Activities
      15. 8 Marine Scientific Research
      16. 9 Hydrographic Surveying
      17. 10 Transparency of Legislation
    3. Chapter 7: Freedom of navigation and peaceful uses of the seas: UNCLOS, Chinese perspectives and personal thoughts
      1. Abstract:
      2. Purpose and structure
      3. “Freedom of navigation” and “navigational rights” under the UNCLOS
      4. Peaceful use of the seas and the use of force
      5. China’s perspectives
      6. Concluding remarks
    4. Chapter 8: Foreign military activities in the EEZ: preliminary views from Malaysia
      1. Abstract:
      2. Introduction
      3. Why does Malaysia object to foreign states conducting military activities in its EEZ?
      4. Malaysian maritime laws
      5. Malaysia is not alone in opposing foreign military activities in EEZs
      6. Concluding remarks
    5. Chapter 9: Singapore’s South China Sea policy: implications for freedom and safety of navigation
      1. Abstract:
      2. Introduction
      3. A review of Singapore’s South China Sea statements
      4. Singapore’s South China Sea policy
      5. Determinants of Singapore’s South China Sea policy
      6. Singapore’s South China Sea policy: a continuation of its overall foreign policy
  9. Part 4: Navigational issues in the South China Sea
    1. Chapter 10: Cooperative mechanism for safety and security of navigation and ocean governance in the South China Sea
      1. Abstract:
      2. Introduction
      3. Background to current South China Sea conflict situation
      4. Navigation and ocean governance as traditional security issues in the South China Sea: legal/political aspects
      5. Charting an institutionalised cooperative mechanism for non-traditional security issues
      6. Normative cooperation framework under UNCLOS for non-traditional security concerns in the South China Sea
      7. Parties to maritime governance cooperation for the South China Sea: cooperation structure
      8. Other major South China Sea cooperation issues
      9. Institutionalised regional cooperation
      10. Conclusions: the South China Sea situation – the real story
    2. Chapter 11: Rethinking the coastal states’ and user states’ interests in the South China Sea: bridging the perception gap and sharing the responsibilities
      1. Abstract:
      2. Introduction
      3. Post-2002 development of the South China Sea dispute
      4. Perception gap between coastal states and user states
      5. Clash of interests: perception gap on the international navigation regime
      6. Clash of “freedom of navigation” and coastal states’ interests
      7. The way ahead
      8. Changing ways of thinking
      9. Conclusion
    3. Chapter 12: Cross-strait cooperation on search and rescue in the Taiwan Strait and its implication for the South China Sea
      1. Abstract:
      2. Introduction
      3. Potential causes of maritime accidents in the Taiwan Strait
      4. Mechanisms of maritime search and rescue in mainland China and Taiwan
      5. Methods and progress of cooperation on maritime search and rescue in the Taiwan Strait
      6. Experience over the years
      7. Implications for the South China Sea
      8. Conclusion
    4. Chapter 13: The use of PSSAs in the South China Sea
      1. Abstract:
      2. Introduction
      3. Regulation of ship-source pollution under UNCLOS
      4. Particularly Sensitive Sea Areas (PSSAs)
      5. Existing PSSAs and associated protective measures
      6. Sensitive sea areas in the South China Sea
      7. Shipping activities in the South China Sea
      8. Legal basis for cooperation among claimant states in proposing a PSSA
      9. Compliance with associated protective measures in PSSA
      10. Conclusion
    5. Chapter 14: Towards a mandatory port state control system in the South China Sea
      1. Abstract:
      2. Introduction
      3. Port state control under international law13
      4. China’s practice in the South China Sea
      5. Towards a mandatory regional port state control system in the South China Sea
      6. Conclusions
  10. Selected bibliography
  11. Index