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The International Regimes Dimension of the UNCLOS: Slot in the Information and Analysis

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Ocean Governance, Regimes, and the South China Sea Issues
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Abstract

This chapter attempts to first offer a framework related to international regimes, mechanism(s), and measure(s). Then, it mentions nine international regimes-related passages as stated in the United Nations Convention on the Law of the Sea (UNCLOS), and relevant information from the UNCLOS will be slotted in the framework.

It is highly suggested that, in future, after formulating a new law related to marine and maritime affairs, the academics and expert(s) in charge should apply, for example, my crab and frog motion model and put it at least in the appendix for other interested parties to readily grasp the applicable mechanisms and measures, related to the specific regime, which are beneficial to all the State Parties and non-“State Parties.”

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Notes

  1. 1.

    http://www.merriam-webster.com/dictionary/sovereignty. Accessed 25 Dec 2012.

  2. 2.

    See his book, Philadelphia, T., & JW Johnson and Company. (1863).The law of nations; or principles of the law of nature, applied to the conduct and affairs of nations and sovereigns (trans: Joseph Chitty, p. 130) Law Booksellers.

  3. 3.

    The title of the book is Principles of International Law. See http://www.jstor.org/pss/2202284. Accessed 13 Feb 2012.

  4. 4.

    The Lausanne-based Fédération Aéronautique Internationale (FAI) has established the Kármán line, at an altitude of 100 km (62 miles), as the boundary between our earth’s atmosphere and the outer space, while the USA considers anyone who has flown above 50 miles (80 km) to be an astronaut. Both definitions are merely working benchmarks, and they do not have any real legal authority over matters of national or residual sovereignty.

  5. 5.

    http://www.merriam-webster.com/dictionary/norm. Accessed 21 Jan 2012.

  6. 6.

    We say Shanghai Port/GangKou, which is “a place on a waterway with facilities for loading and unloading ships,” not really Shanghai Harbor/HaiGang, which is “a sheltered part of a body of water deep enough to provide anchorage for ships.” Berth is BoWei. See http://zhidao.baidu.com/question/40891112. Accessed 25 Dec 2012.

  7. 7.

    http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm. Accessed 10 Jan 2012.

  8. 8.

    It mentioned hydrographic survey ships.

  9. 9.

    The legal status of a section of the Northwest Passage is disputed by many parties: On the one hand, Canada considers it to be part of its internal waters, which is under its jurisdiction, according to the December 1982 UNCLOS; and, on the other hand, the USA and most maritime nations consider them to be an international strait, which means that foreign vessels have right of “transit passage.” In such a régime, Canada would have the right to enact fishing and environmental regulation, as well as fiscal and smuggling laws, plus laws intended for the safety of shipping, but not the right to close the transit passage. See http://en.wikipedia.org/wiki/Canadian_Internal_Waters. Accessed 16 Jan 2012.

  10. 10.

    http://en.wikipedia.org/wiki/Transit_passage. Accessed 20 Jan 2012.

  11. 11.

    Its conventional short form is Greece.

References

  • YU, P. K-h. (2012). International governance and regimes (p. 2). London: Routledge.

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  • Hong, S-Y., & van Dyke, J. M. (Eds.). (2009). Maritime boundary disputes, settlement processes, and the law of the sea (p. 91). Leiden: Martinus Nijhoff Publishers.

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Correspondence to Peter Kien-hong YU .

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YU, Ph. (2015). The International Regimes Dimension of the UNCLOS: Slot in the Information and Analysis. In: Ocean Governance, Regimes, and the South China Sea Issues. Springer, Singapore. https://doi.org/10.1007/978-981-287-329-3_4

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