Asia, the Law of the Sea and international relations

International Affairs

Volumn 73, Issue 2, 1997, Pages 263-282

  Valencia, Mark J ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0040095458     PISSN: 00205850     EISSN: None     Source Type: Journal    
DOI: 10.2307/2623828     Document Type: Article

References (41)

1. Derek da Cunha, 'Sailing toward new naval balance' , Japan Times, 17 Jan. 1995, p. 19.
2. For the concept of a 'security complex' see Barry Buzan, People, states and fear: an agenda for international security studies in the post-Cold Ware era (Hemel Hempstead: Harvester Wheatsheaf, 1991), pp. 105-16, 125-6. For the purposes of this article, North-East Asia includes China, Japan, North Korea, South Korea,Taiwan and Russia.
3. Charles E. Morrison,'Changing patterns of international relations in the North Pacific', paper presented to the Workshop on the Russian Far East and the North Pacific, East-West Center, Honolulu, 1993.
4. Michel Oksenberg, 'The East Asian quadrangle', as amplified in a 9 Aug. 1993 presentation at the 'Asia in Transition' workshop in Seattle.
5. Morrison,'Changing patterns'.
6. Desmond Ball, 'A new era in confidence building: the second-track process in the Asia/Pacific region', Security Dialogue 25: 2, 1994, p. 164.
7. Jack McCaffrie and Sam Bateman, 'Maritime confidence and security building measures in Asia-Pacific: challenges, prospects and policy implications', paper presented to the first meeting of the CSCAP Working Group on Maritime Co-operation, Kuala Lumpur, June 1995, pp. 1, 5, 11.
8. Mark J.Valencia, China and the South China Sea disputes, Adelphi Paper 298 (Oxford: Oxford University Press/IISS, 1995), pp. 8-11.
9. Mark J.Valencia, South-East Asian seas: oil under troubled waters (Oxford: Oxford University Press, 1985), p. 95.
10. Valencia, China and the South China Sea disputes, p. 44.
11. Voice of America,'Spratlys dispute flaring', 11 May 1995.
12. Mark J. Valencia,'For peace in the seas of China', International Herald Tribune, 3 Feb., 1994, p. 9.
13. Kyodo News Service, Tokyo 19 Aug. 1993.
14. Radio -1, 16 July 1993.
15. Foreign Broadcast Information Service, East Asia Service (FBIS, EAS), 14 June 1993, p. 8.
16. FBIS, EAS, 'DPRK gunboats fired on PRC fishing boats', 27 Jan. 1993, p. 18.
17. FBIS, EAS, 'Seoul to protect PRC on illegal fishing', 24 Aug. 1993, p. 25.
18. Korea Herald, 24 Aug. 1993.
19. Japan Times,'Russians sink Japanese boat', 7 Oct. 1994, p. 4.
20. Kyodo News Service,Tokyo, 'Russia says fishing deal seems difficult in '95', 28 Nov. 1994.
21. FBIS, EAS, 14 June 1993, p. 8; Xinhua News Agency, 3 July 1993.
22. Stanley Weeks,'Sea lines of communication (SLOC): security and access', paper presented to the Maritime Institute of Malaysia Workshop on ASEAN Maritime Security, Kuala Lumpur, 8-9 Oct. 1996.
23. PRC Ministry of Foreign Affairs, Beijing Review, 8-14 May, 1995, p. 22; Henry Kenny Jr, An analysis of possible threats to shipping in key South-East Asian sea lanes (Alexandria, VA: Center for Naval Analysis, Feb. 1996).
24. PRC Ministry of Foreign Affairs, Beijing Review, 8-14 May, 1995, p. 22; Henry Kenny Jr, An analysis of possible threats to shipping in key South-East Asian sea lanes (Alexandria, VA: Center for Naval Analysis, Feb. 1996).
25. Kenny, Possible threats, p. 23.
26. Mark J.Valencia,'ZOPFAN, strategic sealanes and navigation rights: stormy seas ahead?', Far Eastern Economic Review, 7 March 1985, pp. 38-9.
27. Office of International Security Affairs, Department of Defense, United States security strategy for the East Asia-Pacific region (Washington DC: Department of Defense, Feb. 1995).
28. 'One of the most significant issues preventing us from supporting the treaty at this point is the inclusion of exclusive economic zones (EEZs) and continental shelves in the zone, which we believe is inconsistent with internationally recognized high seas freedoms of navigation and over-flight. We feel that, to the extent that the SEANWFZ Treaty imposes security obligations on non-treaty parties without their consent in areas where high seas freedoms exist, the treaty is inconsistent with the UN Law of the Sea Convention and sets an unfortunate precedent. Moreover, extending the treaty zone to the EEZ and continental shelf could be a source of conflict due to uncertainty over competing territorial claims in the region. . .The inclusion of EEZs and continental shelves in the treaty zone is inconsistent with high seas freedom of navigation and overflight in and over these areas. These rights, which may be exercised worldwide beyond foreign territorial seas, permit all military ships and aircraft to undertake activities such as task force maneuvering, flight operations and training exercises, provided these activities are conducted with due regard for the rights of other nations and the safe conduct and operations in a fixed geographic area. Therefore, the treaty's protection of transit rights does not directly address these necessary activities of multi-mission military vessels. The current treaty language does not appear to impose restrictions on the exercise of other navigational rights, such as the right of innocent passage through territorial and archipelagic waters, the right of transit passage through international straits, and the rights of archipelagic sealanes passage through archipelagic waters. However, as indicated previously, we are concerned with the impact of the treaty on high seas freedoms of navigation.' US Department of State, 'US position on Southeast Asia nuclear weapons free zone', 15 Dec. 1995.
29. Bruce Cumings, 'The wicked witch of the West is dead, long live the wicked witch of the East', in Michael I. Hogan, ed., The end of the Cold War: its meaning and implications (New York: Cambridge University Press, 1992), pp. 88-9.
30. Stephen Haggard and Beth A. Simmons, 'Theories of international regimes', International Organization 41:3, 1987, pp. 500-4.
31. Office of International Security Affairs, United States security strategy for the East Asia-Pacific region.
32. David I. Hitchcock, Jr, 'East Asia's new security agenda', Washington Quarterly 17: 1, 1994 , pp. 95, 96, 103.
33. Richard Higgott,'Economic co-operation: theoretical opportunities and political constraints', Pacific Review 6: 2, 1993, p. 105.
34. McCaffrie and Bateman, 'Maritime confidence and security building measures', p. 10.
35. Article 122 of the Convention defines an enclosed or semi-enclosed sea in two ways: geographically, on the basis of its narrow physical connections with nearby bodies of water, and legally, on the basis that it consists entirely of the territorial seas and EEZs of two or more countries. This includes the Sea of Japan, the Yellow Sea, the East China Sea and the South China Sea. United Nations, 'Convention on the Law of the Sea', opened for signature 10 Dec. 1982, UNDoc. A/CONF.62/I22 (1982), 21 I.L.M. 1261.
36. United Nations, 'Convention on the Law of the Sea'.
37. Ibid., Article 83 (3).
38. Mark J. Valencia, 'Taming troubled waters: joint development of oil and mineral resources in overlapping claim areas', San Diego Law Review 23: 3, 1986, pp. 661-84.
39. Mark J.Valencia, A maritime regime for North-East Asia (Hong Kong: Oxford University Press, 1995), p. 290.
40. Ibid.
41. Mark J. Valencia,'Oil under troubled waters', The Bulletin of the Atomic Scientists 53: 1. 1997, pp. 49-54.