Implementation of the United Nations Convention on the Law of the Sea: State Practice of China and Japan

This book examines the implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in China and Japan, focusing on historical aspects, implementation, navigation, mid-ocean archipelagos, the marine environment, and dispute settlement. It provides insights into the challenges and controversies arising from the UNCLOS implementation by the two nations and highlights the need for further debate to promote cooperation between academics from China and Japan.

Format: Paperback / softback
Length: 254 pages
Publication date: 04 April 2022
Publisher: Springer Verlag, Singapore

This comprehensive book delves into the examination of the implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the context of state practices of China and Japan. Its unique quality lies in the structured comparative analysis of the practices of these two nations across various chapters. The focus is primarily on historical aspects (Part I), the implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By adopting this approach, the book sheds light on a diverse range of historical, challenging, problematic, and contentious issues arising from the implementation of the UNCLOS by China and Japan. Furthermore, the contributions of scholars from both China and Japan offer contrasting perspectives on the UNCLOS, thereby highlighting the need for further scholarly debate and contributing to the ongoing cooperation between academic communities in these two countries.

Historical Aspects:
In Part I, the book delves into the historical background and context of the UNCLOS, exploring the events and developments that led to its establishment and the evolution of international maritime law. It examines the historical treaties and agreements that preceded the UNCLOS, as well as the geopolitical and economic factors that influenced its negotiation and adoption. By examining the historical backdrop, the book provides valuable insights into the motivations and objectives of the nations involved in the UNCLOS negotiations.

Implementation of the UNCLOS:
In Part II, the book focuses on the practical aspects of the UNCLOS implementation. It examines the legal frameworks, institutions, and mechanisms established under the convention to regulate various aspects of maritime affairs. The chapter explores the challenges and difficulties encountered by China and Japan in implementing the UNCLOS, including issues related to territorial claims, resource exploitation, marine conservation, and dispute settlement. The book provides a detailed analysis of the measures taken by these two nations to comply with the provisions of the convention and the steps they have taken to address the challenges they face.

Navigation:
Part III examines the navigation rights and obligations of states under the UNCLOS. It explores the principles of freedom of navigation, the rights of passage, and the rules governing the conduct of ships in international waters. The chapter discusses the challenges and controversies surrounding the implementation of these rights, particularly in areas such as the South China Sea, the East China Sea, and the Diaoyu/Senkaku Islands. The book provides a comprehensive analysis of the legal frameworks and mechanisms in place to regulate navigation in these regions and the efforts made by China and Japan to maintain peace and stability in the waterways.

Mid-ocean Archipelagos:
Part IV focuses on the legal regime governing mid-ocean archipelagos and their associated territories. It examines the principles of sovereignty, jurisdiction, and the rights and obligations of states in these areas. The chapter discusses the challenges and complexities arising from the division of sovereignty over archipelagos and the disputes that have arisen between China and Japan in this context. The book provides a detailed analysis of the legal frameworks and mechanisms in place to regulate the activities of states in mid-ocean archipelagos and the efforts made by these two nations to cooperate and resolve disputes peacefully.

Marine Environment:
Part V examines the legal framework for the protection and conservation of the marine environment. It explores the principles of sustainable development, the rights and obligations of states to protect the marine environment, and the measures taken by China and Japan to address environmental issues. The chapter discusses the challenges and controversies surrounding marine pollution, climate change, and the conservation of marine biodiversity. The book provides a comprehensive analysis of the legal frameworks and mechanisms in place to regulate these issues and the efforts made by these two nations to promote sustainable development and protect the marine environment.

Dispute Settlement:
Part VI examines the mechanisms for dispute settlement under the UNCLOS. It explores the principles of international arbitration, the role of the International Court of Justice, and the procedures for resolving disputes between states. The chapter discusses the challenges and controversies surrounding dispute settlement, particularly in areas such as the South China Sea and the East China Sea. The book provides a detailed analysis of the legal frameworks and mechanisms in place to resolve disputes and the efforts made by China and Japan to promote peaceful resolution of disputes through diplomatic means.

Weight: 421g
Dimension: 235 x 155 (mm)
ISBN-13: 9789813369566
Edition number: 1st ed. 2021