Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Maritime boundary disputes in the South China have existed for centuries, and researchers from a variety of countries have analysed the situation from a great many points of view. Yet, and despite its status as one of the major countries in the region, Chinese perspectives have often been absent from the international literature. This book redresses that balance. Bringing together scholarship from history and international law, this book provides a lens through which maritime territorial disputes in the South China Sea can be interrogated. Not only does it detail the historical and jurisprudential evidence that support maritime boundaries in the South China Sea for different stakeholders, but it also clarifies some misconceptions related to China’s nine-dash lines by referring to the United Nations Convention on the Law of the Sea. Moreover, the book offers in-depth discussion and observation on the most recent developments in the South China Sea.

Jurisdiction, Territorial --- Maritime boundaries

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Jurisdiction, Territorial --- Territory, National --- History

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power. Territories are constituted by the practices of a more diverse array of actors than is acknowledged. As a result, functions are re-assembling in territories constituted by state and non-state actors alike.

Territory, National. --- Jurisdiction (International law) --- Jurisdiction, Territorial.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Archipelagoes --- Jurisdiction, Territorial --- Law and legislation --- Jurisdiction, Territorial. --- Law and legislation.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Historical injustice and global inequality are basic problems embedded in territorial rights. We ask questions such as: How can the descendants of colonists claim territory that isn't really 'theirs'? Are the immense, exclusive oil claims of Canada or Saudi Arabia justified in the face of severe global poverty? Wouldn't the world be more just if rights over natural resources were shared with the world's poorest? These concerns are central to territorial rights theory and at the same time they are relatively unexplored. In fact, while there is a sizable debate focused on particular territorial disputes, there is little sustained attention given to providing a general standard for territorial entitlement. This widespread omission is disastrous. If we don't understand why territorial rights are justified in a general, principled form, then how do we know they can be justified in any particular solution to a dispute? As part of an effort to remedy this omission, in this book Cara Nine advances a general theory of territorial rights. Nine puts forward a theory of territorial rights that starts with the idea that territorial rights affect everybody. Territorial rights, she asserts, must be universally justified. She adapts a theoretical framework from natural law theory to ground all territorial claims. In this framework, particular territorial rights are claimable by the collectives that establish legitimate, minimal conditions for justice within a geographical region. A consequence of this theoretical approach to territorial rights is that exclusive resource entitlements are justified, even if they maintain global inequality.

Territory, National --- Boundary disputes --- Jurisdiction, Territorial --- Self-determination, National