How Valid Are The South China Sea Claims Under The Law Of The Sea Convention
The South China Sea disputes continue to plague policy-makers and defy solution. Six governments ? China, Taiwan, Vietnam, Malaysia, the Philip pines, and Brunei ? claim all or some of the islands and rocks in the south central South China Sea, known as the Spratly Islands, as well as all or some of the surrounding sea, seafloor, and associated resources. And all except Brunei have military forces on their claimed features. This article reviews the conflicting claims and recent developments in the context of regional politics and international law, including the law of the sea. China's 1995 occupation of Mischief Reef on the Philippine-claimed con tinental shelf and its 1999 construction of fort-like structures there consider
Planting Flags on the Tide: Sovereignty, Containment, and Conflict Resolution in the East and South China Seas
The rise of China’s economic and military power is transforming global politics while U.S. strategic interests are re-balancing toward Asia. Meanwhile, tensions over maritime boundaries and island claims within the region are punctuated by police and military stand-offs in the East and South China Seas. This paper considers the discourse surrounding the dispute over sovereignty in the South China Sea. It also examines the roles international law, multilateralism, and traditional diplomacy play in the conflict, and how it serves as a test case for China’s future diplomacy and traditional norms of non-interference and a peaceful rise. Finally, the paper suggests pathways toward conflict resolution of the immediate disputes, including de-territorialized and de-nationalized ideas of possession when it applies to contested yet uninhabited maritime frontiers.
Working Knowledge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930
This book presents the legal and business history of corporate ownership of employee knowledge. Skilled workers of the early nineteenth century enjoyed a degree of professional independence because workplace knowledge and technical skill were their 'property,' or at least their attribute. In most sectors of today's economy, however, it is a foundational and widely accepted truth that businesses retain legal ownership of employee-generated intellectual property. In "Working Knowledge", Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won at the expense of workers' entrepreneurial independence and ultimately, Fisk argues, economic democracy. By reviewing judicial decisions and legal scholarship on all aspects of employee-generated intellectual property and combing the archives of major nineteenth-century intellectual property - producing companies - including DuPont, Rand McNally, and the American Tobacco Company - Fisk makes a highly technical area of law accessible to general readers while also addressing scholarly deficiencies in the histories of labor, intellectual property, and the business of technology.