Overview

The adoption of United Nations Convention on the Law of the Sea (UNCLOS) in 1982 has led to a period of relative stability in the law of the sea. The Convention offers a legal framework for the sustainable development of the oceans and its natural resources. However, especially in recent times there have been calls to amend the Convention due to some ambiguous provisions which are unable to address many contemporary maritime issues. This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines how the emphasis on sovereignty, contention on energy, significance of the geographic location, threat to maritime security, overlapping maritime claims caused by the new established maritime regimes authorized by UNCLOS are all sources of the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction. Nong Hong suggests practical mechanisms to solve the dispute and offers conclusions on the effectiveness of UNCLOS for settling disputes.

Full Product Details

9780415505277

Table of Contents

Reviews

With this book, Dr. Hong has made a constructive contribution to the academic literature pertaining to maritime disputes in the SCS. She has brought to light an important area of international law and politics. The author has obviously written after elaborate research and painstaking attention to sources, and should be commended for her thorough analysis of State practice, as well as her innovative five-fold suggestions for a pragmatic solution to the conflicts in the SCS. The text will be useful both to scholars in international relations and international law, politicians and students. Oystein Jensen Senior Research Fellow, Fridtjof Nansen Institute, Lysaker, Norway

With this book, Dr. Hong has made a constructive contribution to the academic literature pertaining to maritime disputes in the SCS. She has brought to light an important area of international law and politics. The author has obviously written after elaborate research and painstaking attention to sources, and should be commended for her thorough analysis of State practice, as well as her innovative five-fold suggestions for a pragmatic solution to the conflicts in the SCS. The text will be useful both to scholars in international relations and international law, politicians and students. Oystein Jensen Senior Research Fellow, Fridtjof Nansen Institute, Lysaker, Norway

Author Information

Nong Hong is Deputy Director, Research Center for Ocean Law and Policy at the National Institute for the South China Sea Studies, China.

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