Re-Evaluating the Role of International Law in Territorial and Maritime Disputes in East Asia

Asian Journal of International Law, Volume 4, Issue 1, 2014, pp.55-79

ANU College of Law Research Paper No. 15–06

Posted: 8 Dec 2014

See all articles by Hitoshi Nasu

Hitoshi Nasu

affiliation not provided to SSRN

Donald R. Rothwell

ANU College of Law

Date Written: December 7, 2014

Abstract

Recently increased tensions across East Asia over territorial and maritime disputes show glimpses of brinkmanship. However, the past experiences of Western colonization and Japan’s imperialism within the region add complexity to those disputes challenging our understanding of legal debates surrounding territorial and maritime disputes. This article examines the extent to which the relevant rules of international law are capable of providing ‘‘justice’’ by accommodating the unique historical contexts in the region in settling highly politically sensitive territorial and maritime claims. It finds that the existing rules of international law are more than capable of accommodating the peculiar historical contexts of East Asia in the resolution of territorial and maritime disputes, whilst acknowledging that certain ambiguities in the law are contributing to some of the current tensions that have arisen over these disputes.

Keywords: Asia-Pacific security, international law, territorial title, inter-temporal law, law of the sea, maritime delimitation

Suggested Citation

Nasu, Hitoshi and Rothwell, Donald R., Re-Evaluating the Role of International Law in Territorial and Maritime Disputes in East Asia (December 7, 2014). Asian Journal of International Law, Volume 4, Issue 1, 2014, pp.55-79; ANU College of Law Research Paper No. 15–06. Available at SSRN: https://ssrn.com/abstract=2535095

Hitoshi Nasu (Contact Author)

affiliation not provided to SSRN

Donald R. Rothwell

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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