Securing the Safety of Navigation in East Asia

Wu Shicun is President of the National Institute for the South China Sea Studies, a sole national-level think-tank in China specializing in South China Sea studies and a wellrespected expert in the field of the South China Sea Studies. His research focuses on history and geography on the South China Sea, ocean boundary delimitation, international relations and regional security issues. He has considerable expertise and numerous publications to his credit. Keyuan Zou is Harris Professor of International Law at the Lancashire Law School of the University of Central Lancashire (UCLan), UK. He specializes in international law, in particular the law of the sea and international environmental law. Before this he worked in Dalhousie University in Canada, Peking University in China, University of Hannover in Germany, and the National University of Singapore. He is Academic Advisor to the China National Institute for South China Sea Studies and the Centre for Ocean Law and Policy of Shanghai Jiaotong University, China. Keyuan is member of the ESRC Peer Review College and the Commission on Environmental Law of the IUCN, and has published over 60 refereed papers in 30 international journals and eight single-authored and co-edited books, as well as being an editorial board member of international journals such as Ocean Development and International Law.

• About the editors and contributorsPart 1: IntroductionChapter 1: Safety of navigation in East Asia: seeking a cooperative mechanismAbstract:IntroductionIssues identified and discussedProspects and conclusionPart 2: International legal framework: implications for East AsiaChapter 2: Navigating the currents of legal regimes and realpolitik in East Asia’s maritime domainAbstract:IntroductionUNCLOS and freedom of navigationSafety of navigation in East AsiaMilitary activities in EEZsFishing activities in disputed watersCommercial activities in disputed watersThreats to US commercial interestsIncidents involving Chinese ships and the PhilippinesChina–Vietnam cable cutting incidentsCurrent trends in military modernisation ChinaUnited StatesThe PhilippinesVietnamRegionalPolitical implications: the way aheadPiracyUS military activities in China’s EEZFishing in disputed watersCommercial activities in disputed watersChapter 3: Compulsory pilotage and the law of the sea: lessons learned from the Torres StraitAbstract:IntroductionUNCLOS and regulation of navigationCompulsory pilotage, the IMO and the UNCLOSTorres Strait52Straits of Malacca and Singapore83Concluding remarksChapter 4: Navigational rights and marine scientific research: a further clarification?Abstract:IntroductionMarine scientific research and the UNCLOSState practiceChinese regulationsHydrographic surveying and marine scientific researchConclusionPart 3: Safety of navigation from national perspectivesChapter 5: South Korea and the safety of navigation: uncertainty derived from undefined fencesAbstract:IntroductionSouth Korea v. North Korea1South Korea v. ChinaThe way forward: from the lesson of EEZ negotiation cooperation with China and JapanChapter 6: A Japanese researcher’s perspective on maritime navigationAbstract:IntroductionA view on navigation in the EEZThe EEZ Group 21 on navigation in EEZsThe guidelines drawn up by the EEZ Group 21Follow-up of the GuidelinesPreamble1 Definitions2 Rights and Duties of the Coastal State3 Rights and Duties of Other States4 Maritime Surveillance5 Military Activities6 Non-Interference with Electronic Systems7 Suppression of Piracy and Other Unlawful Activities8 Marine Scientific Research9 Hydrographic Surveying10 Transparency of LegislationChapter 7: Freedom of navigation and peaceful uses of the seas: UNCLOS, Chinese perspectives and personal thoughtsAbstract:Purpose and structure“Freedom of navigation” and “navigational rights” under the UNCLOSPeaceful use of the seas and the use of forceChina’s perspectivesConcluding remarksChapter 8: Foreign military activities in the EEZ: preliminary views from MalaysiaAbstract:IntroductionWhy does Malaysia object to foreign states conducting military activities in its EEZ?Malaysian maritime lawsMalaysia is not alone in opposing foreign military activities in EEZsConcluding remarksChapter 9: Singapore’s South China Sea policy: implications for freedom and safety of navigationAbstract:IntroductionA review of Singapore’s South China Sea statementsSingapore’s South China Sea policyDeterminants of Singapore’s South China Sea policySingapore’s South China Sea policy: a continuation of its overall foreign policyPart 4: Navigational issues in the South China SeaChapter 10: Cooperative mechanism for safety and security of navigation and ocean governance in the South China SeaAbstract:IntroductionBackground to current South China Sea conflict situationNavigation and ocean governance as traditional security issues in the South China Sea: legal/political aspectsCharting an institutionalised cooperative mechanism for non-traditional security issuesNormative cooperation framework under UNCLOS for non-traditional security concerns in the South China SeaParties to maritime governance cooperation for the South China Sea: cooperation structureOther major South China Sea cooperation issuesInstitutionalised regional cooperationConclusions: the South China Sea situation – the real storyChapter 11: Rethinking the coastal states’ and user states’ interests in the South China Sea: bridging the perception gap and sharing the responsibilitiesAbstract:IntroductionPost-2002 development of the South China Sea disputePerception gap between coastal states and user statesClash of interests: perception gap on the international navigation regimeClash of “freedom of navigation” and coastal states’ interestsThe way aheadChanging ways of thinkingConclusionChapter 12: Cross-strait cooperation on search and rescue in the Taiwan Strait and its implication for the South China SeaAbstract:IntroductionPotential causes of maritime accidents in the Taiwan StraitMechanisms of maritime search and rescue in mainland China and TaiwanMethods and progress of cooperation on maritime search and rescue in the Taiwan StraitExperience over the yearsImplications for the South China SeaConclusionChapter 13: The use of PSSAs in the South China SeaAbstract:IntroductionRegulation of ship-source pollution under UNCLOSParticularly Sensitive Sea Areas (PSSAs)Existing PSSAs and associated protective measuresSensitive sea areas in the South China SeaShipping activities in the South China SeaLegal basis for cooperation among claimant states in proposing a PSSACompliance with associated protective measures in PSSAConclusionChapter 14: Towards a mandatory port state control system in the South China SeaAbstract:IntroductionPort state control under international law13China’s practice in the South China SeaTowards a mandatory regional port state control system in the South China SeaConclusionsSelected bibliographyIndex