Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.

Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.

UN Convention on the Law of the Sea and the South China Sea covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

Sea Rovers, Silver, and Samurai traces the roots of modern global East Asia by focusing on the fascinating history of its seaways. The East Asian maritime realm, from the Straits of Malacca to the Sea of Japan, has been a core region of international trade for millennia, but during the long seventeenth century (1550 to 1700), the velocity and scale of commerce increased dramatically. Chinese, Japanese, and Vietnamese smugglers and pirates forged autonomous networks and maritime polities; they competed and cooperated with one another and with powerful political and economic units, such as the Manchu Qing, Tokugawa Japan, the Portuguese and Spanish crowns, and the Dutch East India Company. Maritime East Asia was a contested and contradictory place, subject to multiple legal, political, and religious jurisdictions, and a dizzying diversity of cultures and ethnicities, with dozens of major languages and countless dialects. Informal networks based on kinship ties or patron-client relations coexisted uneasily with formal governmental structures and bureaucratized merchant organizations. Subsistence-based trade and plunder by destitute fishermen complemented the grand dreams of sea-lords, profit-maximizing entrepreneurs, and imperial contenders. Despite their shifting identities, East Asia’s mariners sought to anchor their activities to stable legitimacies and diplomatic traditions found outside the system, but outsiders, even those armed with the latest military technology, could never fully impose their values or plans on these often mercurial agents. With its multilateral perspective of a world in flux, this volume offers fresh, wide-ranging narratives of the “rise of the West” or “the Great Divergence.” European mariners, who have often been considered catalysts of globalization, were certainly not the most important actors in East and Southeast Asia. China’s maritime traders carried more in volume and value than any other nation, and the China Seas were key to forging the connections of early globalization—as significant as the Atlantic World and the Indian Ocean basin. Today, as a resurgent China begins to assert its status as a maritime power, it is important to understand the deep history of maritime East Asia.

Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.

In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.