Legal Dilemmas and Regime-Building in the East Asia Maritime Conflicts: From the Third State Perspective

Qi Xu

    Onderzoeksoutput: Thesis fully internal (DIV)

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    East Asia has experienced long-standing territorial and maritime conflicts. Due to the existence of numerous maritime States, we have witnessed trilateral or quadrilateral overlaps where the presence of third States in maritime disputes emerges. So as to address the rights and interests of third States in a multistate-disputed maritime zone, one can observe that different approaches are adopted against the background of international law and international relations. As the research shows, international law is inadequate to fully protect and safeguard the rights and interests of third States. To address such underlying legal dilemmas, the thesis articulates that regime theory becomes more pragmatic and inclusive for addressing rights and interests that are commonly shared by involved States in a multistate-disputed zone. Since each model in the mainstream international relations theories focuses on one variable and fails to cover all elements of regime, the multivariate maritime regime should be set up to handle the maritime rights and interests of relevant stakeholders that are commonly shared in the same disputed maritime zone. In addition, rather than contested maritime boundaries being a source of conflict, this thesis argues that a regime theory approach can present a mechanism through which contested claims can be transformed into a driver of cooperation among states in the region. In East Asia, the establishment of a multivariate maritime regime helps disputing States develop transboundary marine cooperation. It also serves to promote current regime settings in NEA and the SCS, in order to deal with shared regional concerns.
    Originele taal-2English
    KwalificatieDoctor of Philosophy
    Toekennende instantie
    • Rijksuniversiteit Groningen
    Begeleider(s)/adviseur
    • Halbertsma, Tjalling, Supervisor
    • Lamont, Christopher, Co-supervisor
    Datum van toekenning18-jun-2019
    Plaats van publicatie[Groningen]
    Uitgever
    StatusPublished - 2019

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