Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.

Table of Contents:
Introduction Setting the Context A Globalized World Tommy Koh Part I: Counter Piracy Operations - Asia Combatting Piracy and Armed Robbery in Southeast Asia: An Evolution in Cooperation Tara Davenport The Small But Magnificent Counter-Piracy Operations of the Republic of Korea Youngjoo CHO Part II: Transnational Threats Counter Proliferation Activities and Freedom of Navigation Douglas Guilfoyle Slipping the Net: Why is it so Difficult to Crack Down on IUU Fishing? Seokwoo Lee, Anastasia Telesetsky, and Clive Schofield Regulation of Private Maritime Security Companies in International Law James Kraska Part III: Developments in Arctic Ocean Arctic Council Update Ernst Nordtveit Communications Between the Arctic States and North Pacific Asian States on the Arctic Issues Jong Deog Kim and Anna Jane Choi Part IV: Energy Security and Sealanes Institutional Building for Maritime Security in Southeast Asia: the Role of ASEAN Hao Duy Phan Freedom of Navigation and the Chinese Straight Baselines in the South China Sea Kuen-chen FU The Cooperative Mechanism in the Straits of Malacca and Singapore Leonardo Bernard Part V: Balancing Marine Environment and Freedom of Navigation European Law and Policy Review: Striking a Balance Between Ecosystem Considerations and Navigation Rights Under the Marine Strategy Framework Directive, the Law of the Sea Convention and the Draft Directive on Maritime Spatial Planning Ronán Long Responsibility of Flag States for Pollution of the Marine Environment: The Relevance of the UNCLOS Dispute Settlement Regime Robert Beckman Cooperative Environmental Mechanisms for the South China Sea Shichun WU Part VI: Marine Data Collection Marine Data Collection: US Perspectives J. Ashley Roach Global Ocean Challenges Stephen A. Macko