Abstract
Northeast Asia 1 is almost unique for its lack of regional institutions. Bilateralism dominates both political and economic relations. Indeed the region is remarkable for “its combination of several quite highly industrialized societies, with a regional international society so impoverished in its development that it compares poorly with even Africa and the Middle East.” 2 This impoverishment reflects the conflicts among the governments in the region, particularly, between the divided countries, which create enormous obstacles to the establishment of regional regimes and institutions.
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References and Notes
Barry Buzan, “The Post Cold War Asia-Pacific Security Order: Conflict or Cooperation?”, Paper presented at the Conference on Economic and Security Cooperation in the Asia-Pacific: Agenda for the 1990s, Canberra, 28– 30 July 1993, 16.
For the purposes of this chapter Northeast Asia includes China, Japan, North Korea, South Korea, Taiwan and Russia. The marine regions covered in this analysis include the Yellow Sea, the East China Sea and the Sea of Japan (East Sea). Part of this introduction is from Mark J. Valencia, “Asia, the Law of the Sea and International relations,” International Affairs, v.73 (1977), 263– 282.
“Asian Reaction Swift To China’s Maritime Expansion.” Korea Times, 20 May 1996, 1.
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United Nations, Convention on the Law of the Sea, Dec. 10, 1982, U.N. Doc. A/CONF.62/122, reprinted in International Legal Materials 21 (1982): 1261 [hereinafter 1982 Convention]. See Law of the Sea United Nations Convention of the Law of the Sea with Index and Final Act of the Third United Nations Conference on the Law of the Sea, U.N. Doc. A/CONF 62/122, U.N. Sales No. E.83. V 5
Mark J. Valencia, “Northeast Asia: Navigating Neptune’s Neighborhood,” in Benjamin L. Self and Yuki Tatsumi, eds., Confidence Building Measures in Northeast Asia, The Henry L. Stimson Center, Report no. 33, February 2000, 1– 35.
Ibid.
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Ibid., Part XII.
Ibid., Part XII, e.g., Section 2, 4 and 9, in particular Article 235 “States are responsible for fulfillment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with international law.”
Valencia, supra n.8.
The International Convention on Maritime Search and Rescue, 1979 has a relatively low level of acceptance possibly because of the costs involved in establishing a search and rescue infrastructure and a reluctance to allow searching ships or aircraft of another country access to sovereign waters or territory.
An East-West Center Conference series coordinated by the author has focused on these issues — International Conference on East Asian Seas: Cooperative Solutions to Transnational Issues, Seoul, 21– 23 September 1992; The Soviet Far East and the North Pacific Region: Emerging Issues in International Relations, Honolulu, 20– 23 May 1991; East China Sea: Transnational Marine Policy Issues and Possibilities of Cooperation, Dalian, China, 27– 29 June 1991; International Conference on the Japan and Okhotsk Seas, Vladivostok, Russia, September 1989; International Conference on the Sea of Japan, Niigata, Japan, 11– 14 October 1988; International Conference on the Yellow Sea, Honolulu, 23– 27 June 1987. Also see: “Japan to Seek Regional Meeting to Look at Water Pollution, Other Problems,” in International Environment Reporter, 4 December 1991; Northeast Asian Conference on Environmental Cooperation, 13– 16 October 1992, Environment Agency of Japan and Niigata Perfecture. Indeed, Japan has established a Center to elaborate the concept of regional cooperation and to prepare specific proposals for cooperation around the Sea of Japan (Russia in Asia Report No. 15, July 1993, p. 44).
The above conferences were attended by policy makers in their personal capacities from all the coastal states — North Korea, South Korea, Japan and Russia — as well as China, Taiwan, and international organizations. The topics discussed ranged from scientific assessments of the resources to transnational fishery management and conflicting navigation regimes.
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The Tokyo MOU on Port State Control of 1993 is one of several recent regional agreements encouraged by the IMO and designed to establish regional systems of reciprocal cooperation in inspecting and surveying ships to verify their compliance with international safety standards.
Valencia, supra, n.8.
Parts of this section are derived from Mark J. Valencia and Yoshihisa Amae, “Regime Building in the East China Sea”, Ocean Development and International Law Journal, in press.
Mark J. Valencia, International Conference on the Sea of Japan, East-West Environment and Policy Institute Occasional Paper No. 10, 1989, 77– 85.
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Chi Young Pak, “Resettlement of the Fisheries Order in Northeast Asia Resulting from the New Fisheries Agreements among Korea, Japan and China”, unpublished manuscript.
For example, Taiwan boats not only fish in the East China Sea but also buy catch from Chinese fishing boats. The Taiwan coast guard also arrests Chinese fishing boats poaching near Pengchiayu an islet located in the East China Sea 55 nm north of Keelung. BBC Monitoring Asia Pacific-Political, supra n.33.
Jong-hiva Choi, “A New Subregional Fisheries Cooperation System in Northeast Asia”, paper presented at SEAPOL Inter-Regional Conference on Ocean Governance and Sustainable Development with East and Southeast Asian Seas: Challenges in the New Millennium, Bangkok, Thailand.
Valencia, supra n.22.
BIS-EAS-93– 044, 9 March 1993, 24.
FBIS-EAS-92– 175, 9 November 1992, 10.
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Ibid.
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Valencia, M.J. (2004). Multilateral Management of Northeast Asian Seas: Problems and Prognosis. In: Smith, H.D. (eds) The Oceans: Key Issues in Marine Affairs. The GeoJournal Library, vol 78. Springer, Dordrecht. https://doi.org/10.1007/978-1-4020-2780-2_14
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