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The Spratly Islands and International Law: Legal Solutions to Coexistence and Cooperation in Disputed Areas

The Spratly Islands and International Law: Legal Solutions to Coexistence and Cooperation in Disputed Areas

作者： Xuechan Ma
出版商： Brill Nijhoff
ISBN: 9789004504325
出版时间 December 2021
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

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In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, Ma draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.
Abbreviations
Table of Cases
List of Treaties
Chapter 1. Introduction
Part 1. Coexistence: Setting out Predictable Territorial Order and Permissible Scope for Unilateralism
Chapter 2. The Underlying Territorial Dispute
Chapter 3. Identifying Disputed Marine Areas
Chapter 4. The Permissible Scope for Unilateralism
Part 2. Cooperation: Facilitating Resource and Pollution Management
Chapter 5. Duty to Cooperate
Chapter 6. Cooperation in Managing Hydrocarbon Resources
Chapter 7. Cooperation in Managing Fishery Resources
Chapter 8. Cooperation in Managing Pollution
Chapter 9. Conclusion
Selected Bibliography

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