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The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking.
This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country's territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters - the United States and China - with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents.
Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.
Sommario
Table of Contents
Author’s Biography
List of Figures and Tables
List of Abbreviations
Preface
Acknowledgments
Chapter One – Introduction
Abstract
Introduction
Setting the Scene
Special Features
Sovereignty Disputes
Development of the Freedoms of Navigation
Freedoms of Navigation in East Asia
Outline
Chapter Two – Navigational Regimes
Abstract
Innocent Passage
Transit Passage
Archipelagic Sea Lanes Passage
Normal Mode of Transit
Conclusion
Chapter Three – Exclusive Economic Zone Issues
Abstract
Introduction
Development of the EEZ Regime
The EEZ as International Waters
Vexed Issues
Way Forward
Chapter Four – Building Understandings and Confidence
Abstract
Different Perspectives
Conflicting Maritime Strategies
Maritime Confidence Building Measures
Ambiguities and Uncertainties
U.S. Freedom of Navigation Program
Conclusions
Final Thoughts
Info autore
Sam Bateman retired from the Royal Australian Navy as a Commodore (one-star) and is now a Professorial Research Fellow at the Australian National Centre for Ocean Resources and Security (ANCORS) at the University of Wollongong, Australia.
Riassunto
The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding is lacking of what constitutes a particular freedom of navigation, or of the relevant law.
