Sovereignty and the Sea


Book Description

Until the mid-1950s nearly all the waters lying between the far-flung islands of the Indonesian archipelago were as open to the ships of all nations as the waters of the great oceans. In order to enhance its failing sovereign grasp over the nation, as well as to deter perceived external threats to Indonesia’s national integrity, in 1957 the Indonesian government declared that it had “absolute sovereignty” over all the waters lying within straight baselines drawn between the outermost islands of Indonesia. At a single step, Indonesia had asserted its dominion over a vast swathe of what had hitherto been seas open to all, and made its lands and the seas it now claimed a single unified entity for the first time. International outrage and alarm ensued, expressed especially by the great maritime nations. Nevertheless, despite its low international profile, its relative poverty, and its often frail state capacity, Indonesia eventually succeeded in gaining international recognition for its claim when, in 1982, the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” and declared that these states had sovereignty over their “archipelagic waters”. Sovereignty and the Sea explains how Indonesia succeeded in its extraordinary claim. At the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats. Largely because of their dogged persistence, negotiating skills, and willingness to make difficult compromises Indonesia became the greatest archipelagic state in the world.







Indonesia beyond the Water’s Edge


Book Description

Indonesia is the world’s largest archipelagic state, with more than 18,000 islands and over 7.9 million square kilometres of sea. The marine frontier presents the nation with both economic opportunities and political and strategic challenges. Indonesia has been affected more than most countries in the world by a slow revolution in the management of its waters. Whereas Indonesia’s seas were once conceived administratively as little more than the empty space between islands, successive governments have become aware that this view is outmoded. The effective transfer to the seas of regulatory regimes that took shape on land, such as territoriality, has been an enduring challenge to Indonesian governments. This book addresses issues related to maritime boundaries and security, marine safety, inter-island shipping, the development of the archipelagic concept in international law, marine conservation, illegal fishing, and the place of the sea in national and regional identity.




Cooperation and Engagement in the Asia-Pacific Region


Book Description

Cooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.




Maritime Security in the Indo-Pacific


Book Description

In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.




Navigational Rights and Freedoms and the New Law of the Sea


Book Description

Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.




Maritime Security and Indonesia


Book Description

Indonesia is the largest archipelago state in the world comprising 17,480 islands, with a maritime territory measuring close to 6 million square kilometres. It is located between the two key shipping routes of the Pacific and Indian Ocean. Indonesia’s cooperation in maritime security initiatives is vitally important because half of the world’s trading goods and oil pass through Indonesian waters, including the Straits of Malacca, the Strait of Sunda and the Strait of Lombok. This book analyses Indonesia’s participation in international maritime security cooperation. Using Indonesia as a case study, the book adopts mixed methods to assess emerging power cooperation and non-cooperation drawing from various International Relations theories and the bureaucratic politics approach. It addresses not only the topic of Indonesia’s cooperation but also engages in debates across the International Relations, political science and policy studies disciplines regarding state cooperation. Based on extensive primary Indonesian language sources and original interviews, the author offers a conceptual discussion on the reasons underlying emerging middle power participation or non-participation in cooperation agreements. The analysis offers a fresh perspective on the growing problems of maritime terrorism and sea robbery and how an emerging power deals with these threats at unilateral, bilateral, regional and multilateral levels. The book fills a significant gap in literature on Indonesian foreign policy making in the post-1998 era. It provides the first in-depth study of Indonesia’s decision making process in the area of maritime security and will thus be of interest to researchers in the field of comparative politics, international relations, security policy, maritime cooperation, port and shipping businesses and Southeast Asian politics and society.




Maritime Border Diplomacy


Book Description

Maritime Border Diplomacy, edited by Myron H. Nordquist and John Norton Moore, examines critical issues in international maritime boundary disputes together with the important global role of Indonesia, whose maritime boundaries are imperative to its sovereign status identity. Stressing the seminal importance of the UN Convention on the Law of the Sea to world order, international experts analyze root causes of boundary disputes including historical claims and competition for natural resources. Issues of preventative diplomacy and activism in maritime affairs are explored, as are legal issues arising in the context of creating zones of cooperation in the oceans. Practical issues in fisheries and environmental management, and the volatile questions involved in the South China Sea, are detailed. The volume concludes with a substantive presentation on dispute resolution mechanisms.




Negotiating the Law of the Sea


Book Description

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.




The Socialist Republic of Vietnam and the Law of the Sea


Book Description

The Socialist Republic of Vietnam and the Law of the Sea analyzes Vietnam's policies on the law of the sea in relation to the country's overall foreign policy goals and its position at the center of the South China Sea geostrategic region. It examines Vietnam's claims in zones of maritime jurisdiction and its regulation of maritime activities in the context of the 1982 U.N. Convention on the Law of the Sea and against the backdrop of Vietnam's security interests, economic development, and regional leadership goals. The author explores Vietnam's maritime boundary disputes with its Southeast Asian neighbors and China and assesses their impact on regional stability. This is the first comprehensive study to trace the evolution of Vietnamese policy and participation in law of the sea development from the 1958 First U.N. Conference on the Law of the Sea to the present. The book provides the background essential to an understanding of Vietnam's current maritime relations and of the challenge to incorporate Vietnam into a stable regional order. Law of the sea specialists, Southeast Asia area specialists, and those interested in the development of Vietnam's hydrocarbon and fishery resources will find this a particularly valuable resource.