Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

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Seoung Yong Hong, Jon M. Van Dyke
BRILL, 2009 - Law - 304 pages
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A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
  

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Contents

A Proposal to Avoid Confl ict David D Caron
1
The Definition and Role of Islands and Rocks in Maritime Boundary delimitation Clive Schofield
19
Chapter III Disputes Over Islands and Maritime Boundaries in East Asia Jon M Van Dyke
39
Approaches to Dispute Settlement Ji Guoxing
77
Chapter V Some Thoughts on Maritime Boundary Delimitation Masahiro Miyoshi
107
Chapter VI Intertemporal Law Recent Judgments and Territorial Disputes in Asia Seokwoo Lee
119
Chapter VII Some Legal Aspects of Territorial Disputes over Islands Kentaro Serita
137
A Rock or an Island? Recent Maritime Boundary Controversy between Japan and TaiwanChina Yannhuei Song
145
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About the author (2009)

Seoung-Yong Hong served as the President of Inha University, Incheon, Korea, 2002-2008. He was Vice Minister of Korea's Ministry of Maritime Affairs and Fisheries, 1999-2002; President of the Korea Maritime Institute, 1997-1999; and Director of the Ocean Policy Center for the Korea Ocean Research and Development Institute, 1982-1995. Jon M. Van Dyke is Professor of Law and Carlsmith Ball Faculty Scholar at the William S. Richardson School of Law, University of Hawaii at Manoa, where he has taught since 1976, and is also Global Ocean Fellow at Inha University, Incheon, Korea. He has written widely on issues related to ocean law and international environmental law.

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