unclos

Links

1. "Litigation as Statecraft: Small States and the Law of the Sea," Douglas Guilfoyle, British Yearbook of International Law, May 30, 2023.
2. Sea Control 178 - Lawfare at Sea with Dr. Jill Goldenziel, by Jared Samuelson, CIMSEC, May 26, 2020.
3. Sea Control 224 - Clashes at Sea with Dr. Sara Mitchell, by Jared Samuelson, CIMSEC, January 24, 2021.
4. Sea Control 213 - U.S. and Chinese South China Sea Legal Strategies with Dr. Krista Wiegand, by Jared Samuelson, CIMSEC, November 29, 2020.
5. Sea Control 267 - Resolving Diego Garcia with Chirayu Thakkar, by Jared Samuelson, CIMSEC, August 8, 2021.
6. Dr. Douglas Guilfoyle’s Twitter Feed.

On June 3, 2023, there was a near-collision between a US and a PRC destroyer in the Taiwan Strait. According to a statement issued by US Indo-Pacific Command, a US Navy destroyer, the USS Chung-Hoon, and a Canadian warship were conducting a routine south to north Taiwan Strait transit through waters where high seas freedoms of navigation and overflight apply. The Luyang III, a People’s Liberation Army destroyer, overtook the Chung-Hoon on her port side and crossed her bow at 150 yards. The US warship maintained course and slowed to 10 knots to avoid a collision. US Indo-Pacific Command stated that the actions of the Chinese destroyer violated the maritime Rules of the Road of safe passage in international waters.

How dangerous was this incident? Why do US warships sail in these waters, and do they do so in accordance with international law? And what steps should be taken to ensure that accidents do not take place between US and Chinese naval vessels?

To discuss these questions, host Bonnie Glaser is joined by Dr. Peter Dutton, professor of international law in the Stockton Center for International Law at the US Naval War College and an Adjunct Professor of Law at New York University School of Law. His research focuses on international law of the sea, Chinese views of sovereignty and international law, and China’s maritime expansion. 

Timestamps

[01:50] Freedom of the High Seas 

[03:21] Joint Freedom of Navigation Operations

[03:52] Statement by the US Indo-Pacific Command

[04:46] Statement by Defense Minister Li Shangfu

[06:49] History of Dangerous Maneuvering by the Chinese

[07:41] Trigger for the Recent Dangerous Maneuver

[09:13] Chinese Adherence to International Law

[10:19] Signaling Intentions in a Safe and Legal Manner

[12:03] Aftermath of a Hypothetical Collision at Sea

[14:44] Is the US Goading China into Conflict?

[17:38] Rules of Behavior for Safety of Air and Maritime Encounters

[19:24] Code for Unplanned Encounters at Sea

[20:27] The US and the Convention on the Law of the Sea

[21:51] Interactions with Chinese Experts and Professionals

Link: After 40 Years, UNCLOS Remains Significant to Vietnam, by Thu Nguyen Hoang Anh, Fulcrum, September 20, 2022. 

Links

1. "Article 51 of UNCLOS at 40: Military Training as Other Legitimate Activities?" by Arron Honniball and Aristyo Darmawan, Asia-Pacific Journal of Ocean Law and Policy, December 16, 2022. 

Links

1. "Protecting Non-State Actors’ Interests at Sea: Judicial Responses to the Silence of UNCLOS," by Marianthi Pappa and Chiara Pavesi, ASCOMARE Yearbook on the Law of the Sea, Volume 1, pg. 95-128, Luglio Editore, 2022.

Links

1. "Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone," by Camille Goodman, Oxford University Press, February 15, 2022.
2. "Sea Control 212 - China's Galapagos Fishing Fleet with Dr. Tabitha Mallory and Dr. Ian Ralby," by Jared Samuelson, CIMSEC, November 22, 2020.
3. "Sea Control 356 - Global Fish Transshipment Network with Dr. Gohar Petrossian," by Jared Samuelson, CIMSEC, June 23, 2022.
4. "Sea Control 368 - Gina Fiore on the Quad's New MDA Initiative," by Jared Samuelson, CIMSEC, August 4, 2022. 

This week on World Ocean Radio we're offering two extremely important ocean examples where the opposition of sovereignty and commonality collide. This first is the UN Treaty for the Law of the Sea (UNCLOS), and the second is a treaty for the management of the high seas and seabed--the vast areas that make up the boundaries beyond national jurisdiction. 

About World Ocean Radio
5-minute weekly insights dive into ocean science, advocacy and education hosted by Peter Neill, lifelong ocean advocate and maritime expert. Episodes offer perspectives on global ocean issues and viable solutions, and celebrate exemplary projects. Available for syndicated use at no cost by college and community radio stations worldwide.

World Ocean Radio offers five-minute weekly insights that dive into ocean science, advocacy and education, hosted by Peter Neill, Director of the W2O, author, and lifelong ocean advocate. Episodes offer perspectives on global ocean issues, today’s challenges, marine science and policy, and exemplary solutions. Available for RSS feed, podcast, and syndicated use at no cost by community radio stations worldwide.

What does having a worthwhile life mean? Is it all about academic achievement and a high wage or it something more? How dangerous and how prevalent is piracy in Southeast Asian waters? Hint, just under a half of all pirate attacks so far this year have occurred in these waters. Superhero movies have recently had their share of naysayers but have they got it all wrong? Space is not the vast empty nothingness we think it is. To protect it should we start thinking of space as an eco-system?

Links

1. The Rights and Obligations of States in Disputed Maritime Areas, by Youri Van Logchem, Cambridge University Press, 2021.

Links

1. “The Thucydides Trap: Are the U.S. and China Headed for War?”, by Graham Allison, The Atlantic, September 24, 2015
2. “Tribunal Rejects Beijing’s Claims in South China Sea,” by Jane Perlez, The New York Times, July 12, 2016
3. Dr. Hye Ryeon Jang’s website

Links

1. "Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas," by So Yeon Kim, The International Journal of Marine and Coastal Law, June 3, 2021. 

2. "Making International Law Truly ‘International’?

Reflecting on Colonial Approaches to the China-Vietnam Dispute in the South China Sea and the Tribute System,"  by So Yeon Kim, Journal of the History of International Law, January 31, 2021.

Four Essential Steps toward a Responsible U.S. Ocean Policy 

International agreements are essential if we are to sustain natural resources as natural capital for our future. In this episode of World Ocean Radio we outline four major environmental treaties the United States never ratified—but should.

World Ocean Radio offers five-minute weekly insights that dive into ocean science, advocacy and education, hosted by Peter Neill, Director of the W2O, author, and lifelong ocean advocate. Episodes offer perspectives on global ocean issues, today’s challenges, marine science and policy, and exemplary solutions. Available for RSS feed, podcast, and syndicated use at no cost by community radio stations worldwide.

Links

1. “Sea Control 153 – USS Constitution with Angry Staff Officer and Dr. Claude Berube,” Claude Berube, Angry Staff Officer with Jared Samuelson, CIMSEC (2020).

2. “Sea Control 156 – Sink the Montana!,” Claude Berube with Jared Samuelson, CIMSEC (2020).

3. The Preble Hall Podcast by the USNA Museum.

4. Maritime Private Security: Market Responses to Piracy, Terrorism and Waterborne Security Risks in the 21st Century, edited by Claude Berube and Patrick Cullen, Routledge (2012).

5. “Blackwaters for the Blue Waters: The Promise of Private Naval Companies,” by Claude Berube, Orbis (2007).

6. “Standup a Joint Interagency Task Force to Fight Illegal Fishing,” by Claude Berube, CIMSEC (2020).

7. Taste of War: World War II and the Battle for Food, by Lizzie Collingham, Penguin Books, (2013).

8. “Sea Shepherd: The Evolution of an Eco-Vigilante to Legitimized Maritime Capacity Builder,” by Claude Berube, U.S. Naval War College (2020).

9. “Leveraging NGOs and Volunteerism for Maritime Surveillance Against IUU Fishing,” by Walker Mills, Dylan Philips-Levine and Trevor Philips-Levine, CIMSEC (2020).

10. “Advantage At Sea,” U.S. Tri-Service Maritime Strategy (2020).

11. “Competition Continuum,” U.S. Department of Defense (2020).

12. “Thunder Road: Outsourcing the Fight Against Illegal Fishing,” by Claude Berube, War on the Rocks, (2015).

13. “Trump’s Gunboats: Achieving the Goal of 350 or 355 Ships will be Challenging,” by Claude Berube, The National Interest (2016).

14. “Online Event: Strategic Perspectives on Illegal, Unreported and Unregulated Fishing,” panel discussion with Craig Faller and Karl Schultz, Center for Strategic & International Studies (2020).  

15. “The Maritime Story Missing in “Civilian Warriors,” Claude Berube interview with Erik Prince, CIMSEC (2013).

16. The Aden Effect: A Connor Stark Novel, Claude Berube, Naval Institute Press (2012).

17. Syren’s Song: A Connor Stark Novel, Claude Berube, Naval Institute Press (2015). 

1. Mitchell, Sara McLaughlin. 2020. “Clashes at Sea: Explaining the Onset, Militarization, and Resolutionof Diplomatic Maritime Claims.” Security Studies 29(4): 637-670.

2. Security Studies Vol 29, Issue 4

Links:

What a judicial solution to disputes in the eastern Mediterranean might look like, by Moritz Neubert and Umut Yüksel, The London School of Economics and Political Science, June 2nd, 2020.

NATO Secretary General descusses eastern Mediterranean, Libya with Foreign Minister of Turkey, Aug 19, 2020 

How Did the Eastern Mediterranean Become the Eye of a Geopolitical Storm? By Michaël Tanchum, foreignpolicy.com, August 18th, 2020

Pulling Back the Curtain on Turkey’s Natural Gas Strategy, by John V. Bowlus, War on the Rocks, August 26, 2020
The Annan Plan

India was one of the founding members of the United Nations, but as a colony of the British Empire. Almost 75 years later, the UN has shaped international relations as we know it. The UN has played pivotal roles in completing decolonisation across the world, shaping the legal use of seas and oceans by all nations, and much more. Ameya Naik returns to The Pragati Podcast to talk about the United Nations and its role in global governance.

The Pragati Podcast is a weekly talkshow on public policy, economics and international relations hosted by Pavan Srinath.

Ameya Naik is a non-resident Associate Fellow at the Takshashila Institution. Ameya has been on The Pragati Podcast before, to talk about sovereignty in Episode 42, about nuclear agreements with Iran and North Korean in Episodes 51 and 52, and about the Syrian Civil War in Episode 62.

If you want to learn more about India's early engagement with the United Nations, you can try Manu Bhagavan's book The Peacemakers: India and the Quest for One World.

Follow The Pragati Podcast on Instagram: https://instagram.com/pragatipod Follow Pragati on Twitter: https://twitter.com/thinkpragati Follow Pragati on Facebook: https://facebook.com/thinkpragati

Subscribe & listen to The Pragati Podcast on iTunes, Saavn, Spotify, Castbox, Google Podcasts, AudioBoom, YouTube or any other podcast app. We are there everywhere.

See omnystudio.com/listener for privacy information.

Two of the most influential China Hands, Professor Susan Shirk and Ambassador J. Stapleton Roy, discuss the current state of Chinese politics, the South China Sea, and US foreign policy toward China.

Susan Shirk is the esteemed chair of the 21st Century China Program, and former Deputy Assistant Secretary of State.

Ambassador J. Stapleton Roy is one of the most respected diplomatic experts on East Asia. He retired after a 45 year career in the US Department of State as Career Ambassador, the highest rank in the Foreign Service. He was a three-time ambassador who served as the top U.S. envoy in Singapore, China, and Indonesia. Ambassador Roy is also the Founding Director Emeritus of the Kissinger Institute on China and the U.S. at the Wilson Center.

Ambassador Roy delivered the 2016 Ellsworth Memorial Lecture at UC San Diego on March 28. Full text, photos and additional interviews can be found at china.ucsd.edu

China 21 is produced by the 21st Century China Program, at UC San Diego’s School of Global Policy and Strategy. This podcast features expert voices, insights and stories about China’s economy, politics, society, and the implications for international affairs. Learn more at china.ucsd.edu

This episode was recorded at UC San Diego Studio Ten300

• Host: Samuel Tsoi
• Editors: Mike Fausner, Anthony King
• Production Support: Lei Guang, Susan Shirk, Amy Robinson, Sarah Pfledderer, Michelle Fredricks
• Music: Dave Liang/Shanghai Restoration Project