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
Posted: 8 Dec 2014
Date Written: December 7, 2014
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
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