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Across Oceans of Law
The Komagata Maru and Jurisdiction in the Time of Empire
Renisa Mawani
Duke University Press, 2018
In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.
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Blue Legalities
The Life and Laws of the Sea
Irus Braverman and Elizabeth R. Johnson, editors
Duke University Press, 2019
The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know—and what we don’t know—about oceans, our earthly planet, and ourselves.  

Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg
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Building a New Legal Order for the Oceans
Tommy Koh
National University of Singapore Press, 2019
The United Nations Convention on the Law of the Sea, or UNCLOS, has been called a constitution for the oceans. It keeps order in the world’s oceans and regulates nations’ use of their natural resources. Tommy Koh served as president of the third convention, a multi-year meeting that resulted in this important treaty for the government of the global commons. In Building a New Legal Order for the Oceans, Koh brings a unique, insider’s perspective on the UNCLOS negotiation process, and the concepts, tensions, and intentions that underlie today’s Law of the Sea.

In this book, Koh fully explains the many new concepts of international law that arose from UNCLOS III, such as the Exclusive Economic Zone, Archipelagic State, Straits Used for International Navigation, Transit Passage, Archipelagic Sealane Passage, and the Common Heritage of Mankind. He also discusses current threats to maritime security and explains the intricacies of the disputes in the South China Sea. Koh asks What can be learned from the success of UNCLOS? How can we build on that success and manage the new tensions that arise in the Law of the Sea? There is no better guide to this aspect of international law than Koh.
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China’s Naval Operations in the South China Sea
Evaluating Legal, Strategic and Military Factors
Bruce Elleman
Amsterdam University Press, 2017
This book provides a history of the South China Sea conflict and lays out the stakes for each of the bordering states and China’s interaction with them – namely, Vietnam, the Philippines, Brunei, Malaysia, Taiwan, and Indonesia; it also examines the U.S. government’s role in the region. China’s Naval Operations in the South China Sea is highly topical; it examines the evolving perception of the People’s Republic of China’s (PRC) of the South China Sea (SCS), and Beijing’s accompanying maritime strategy to claim the islands and waters, particularly in the context of the strategies of the neighbouring stake-holding nations. In addition to long-standing territorial disputes over the islands and waters of the SCS, China and the other littoral states — Vietnam, the Philippines, Brunei, Malaysia, Taiwan, and Indonesia — have growing and often mutually exclusive interests in the offshore energy reserves and fishing grounds. Many other countries outside of the region worry about the protection of sea lines of communication for military and commercial traffic, oil tankers in particular. These differences have been expressed in the increasing frequency and intensity of maritime incidents, involving both naval and civilian vessels, sometimes working in coordination against naval or civilian targets. Each chapter on the littoral states closely examines that state’s territorial claims to the islands and waters of the SCS, its primary economic and military interests in these areas, its views on the sovereignty disputes over the entire SCS, its strategy to achieve its objectives, and its views on the U.S. involvement in any and all of these issues.
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Negotiating the Law of the Sea
James K. Sebenius
Harvard University Press, 1984

The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations.

James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

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