Paper Title

BOOK REVIEW

Authors

MRIGANK GURUDATT

Keywords

Abstract

With the important milestone of 40th Anniversary of LOSC, 1982 which was celebrated on 10th December, 2022, this book review of this 15 Chaptered book assumes utmost importance. The learned author has highlighted various aspects related to the Law of the Sea starting from the basic introduction to maritime South East Asian region which comprises SCS up to the Gulf of Tonkin & Luzon Strait so far as to the Strait of Singapore in South incl. Indonesian, the Philippines Archipelago & Timor-Leste with Andaman Islands, Malay Peninsula & Myanmar to the West, it also includes the Federated States of Micronesia, Palau & Papua New Guinea. Then the book gives a background on the UNCLOS & SE-Asian states that have ratified to the convention & advantages to them like recognition as archipelagic States under Part IV of LOSC. The author has referred to cases like ICJ ruling on the Pedra Branca dispute, Pulau Ligitan and Pulau Sipadan issue, Corfu Channel case, 2009 Black Sea Case & tribunal awards like the SCS tribunal constituted under Annex VII of the convention to resolve the dispute b/w. Philippines & PRC, 14 Mar. 2012 ITLOS ruling on the dispute b/w. Bangladesh & Myanmar in Bay of Bengal these case references are made in the context of understanding boundary disputes, marking baselines, recognition of low tide & High tide elevations/islands/archipelagos for marking baselines etc. The book covers various organisations both regional to Asia & Pacific like ASEAN, ICRC, PEMSEA, CTI, etc. The book also covers security challenges posed by the Maritime domain in various forms like Non-State Actors (Terrorist threats from groups like Abu Sayaff Group & Jamalul Kiram group , Piracy, Armed Robbery), Environmental Challenges in the form of IUU Fishing, SLR/Global Warming, Climate Change etc. and its consequences like reduced area availability for aquaculture, inundation of small islands and ways to counter these challenges through bodies like SEAFDEC and processes such as EIA & MSP. The book refers to various treaties like the UNFCCC & its 1997 Kyoto Protocol, 2015 Paris Agreement, 1973/78 MARPOL, 1972 London Dumping Convention & its 1996 protocol as well as other RFMO/A in dealing with Environmental Cases. Another important topic dealt with in this book is LOSC effectiveness from the perspective of combating Transnational crimes in the Asia Pacific like Human Trafficking & Bali Process of 2002, Niue treaty have been cited as guiding principles in tackling these challenges. The book also refers to certain specific articles & dissects their role and disputes concerning them like Natural State Doctrine & Art.121 of UNCLOS, ambiguity relating to Part XV of the convention and others. FONOP’s has been given special detailed analysis within the literature with comparative study between the practices relating to the Right of Innocent Passage (Art. 17,18,19) of Vessels including Warships & how some states like China do not adhere to their own protocols while others like America walk the talk. China & its authoritative policies like the ‘Nine-Dash Line’ have been covered in different chapters of the book. A chapter has been dedicated to the analysis of Singapore-China relations & its downfall in the light of SCS Arbitration. The classification of disputes in Chapter 14 of the book simplifies the conflicts for the reader while forming a correlation to Art.33 of UN Charter.

How To Cite

"BOOK REVIEW", TIJER - TIJER - INTERNATIONAL RESEARCH JOURNAL (www.TIJER.org), ISSN:2349-9249, Vol.10, Issue 2, page no.72-75, February-2023, Available :https://tijer.org/TIJER/papers/TIJER2302012.pdf

Issue

Volume 10 Issue 2, February-2023

Pages : 72-75

Other Publication Details

Paper Reg. ID: TIJER_100365

Published Paper Id: TIJER2302012

Downloads: 000280

Research Area: Other area not in list

Country: Gandhinagar, Gujarat, India

Published Paper PDF: https://tijer.org/TIJER/papers/TIJER2302012

Published Paper URL: https://tijer.org/TIJER/viewpaperforall?paper=TIJER2302012

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ISSN: 2349-9249 | IMPACT FACTOR: 8.57 Calculated By Google Scholar | ESTD YEAR: 2014

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.57 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

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