The Oxford Handbook of International Law in Asia and the Pacific

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order. Acknowledgements Contents Table of Cases Table of Legislation List of Contributors PART I: THEMES, INSTITUTIONS, AND HISTORY 1. Introduction • Simon Chesterman, Hisashi Owada, and Ben Saul 2. Asia’s Ambivalence about International Law • Simon Chesterman 3. Regional Organizations • Tan Hsien-Li 4. Asia in the History and Theory of International Law • Antony Anghie PART II: SPECIALIZED BRANCHES OF INTERNATIONAL LAW IN ASIA AND THE PACIFIC 5. Regional Peace and Security • Wanegigi Pal Singh Sidhu 6. Human Rights • Hurst Hannum 7. International Humanitarian Law and International Criminal Law • Suzannah Linton 8. International Environmental Law • Ben Boer 9. Law of the Sea and Asian States • Robert Beckman 10. International Economic Law and Asia • Wang Jiangyu 11. International Dispute Settlement • Hisashi Owada and Samuel H. Chang PART III: INTERNATIONAL LAW IN ASIAN AND PACIFIC STATES East Asia 12. China • Li Zhaojie 13. Japan • Toshiki Mogami 14. South Korea • Seokwoo Lee and Hee Eun Lee Southeast Asia 15. Thailand • Vitit Muntabhorn 16. Indonesia • Hikmahanto Juwana and Anbar Jayadi 17. The Philippines • Romel Regalado Bagares 18. Singapore • Li-ann Thio and Kevin YL Tan 19. Malaysia • Abdul Ghafur Hamid @ Khin Maung Sein 20. Viet Nam • Trinh Hai Yen 21. Cambodia • Mahdev Mohan 22. Myanmar • Catherine Renshaw South and Central Asia 23. India • BS Chimni 24. Pakistan • Ahmer Bilal Soofi 25. Bangladesh • Kamal Hossain and Sharif Bhuiyan 26. Nepal • Pratyush Nath Upreti and Surya P. Subedi 27. Sri Lanka • Amrith Rohan Perera 28. Afghanistan • Veronica L. Taylor 29. Central Asian States • Marina Girshovich The Pacific (including Oceania and Australasia) 30. South Pacific Island States • Jennifer Corrin 31. Australia • Ben Saul 32. New Zealand • Kenneth Keith Index "The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite growing in power and influence, Asian states traditionally played a minimal role in creating the norms and institutions of international law. They were the least likely to be parties to international agreements or be represented in international organizations. That is changing. Today, there is widespread scholarly and practitioner interest in international law in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. On the threat side are transnational challenges such as climate change, in which the involvement of Asian states is essential, and occasional flashpoints such as the territorial disputes of the South China and the East China Seas. In terms of opportunities, economic integration and the proliferation of dispute settlement mechanisms have encouraged greater domestic implementation of international norms across Asia. These evolutions join a more long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. This Oxford Handbook brings together pre-eminent and emergin2g specialists to analyse the approach and influence of key states in the region. It also explores whether truly 'Asian' trends can be identified and what this might mean for the international order."--Jaquette The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order. ## Abstract The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialised branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. This book analyses the approach to, and influence of, key states of the region, as well as whether truly ‘Asian’ trends can be identified and what this might mean for international order. This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived