INTRODUCTION

The end of the Cold War has fundamentally transformed the backdrop against which the quest for peace and security on the oceans is understood and organized. Undermining the centrality of the conventional military concerns affecting the security of the state, new issues such as pollution of the marine environment, unsustainable use of ocean resources, illicit trafficking, clandestine movement of persons, piracy, terrorism, and congested sea lanes have all emerged as new critical themes of discourses during the post-Cold War years (The Ocean: Our Future 1998, p. 17). This transformation was triggered primarily by the collapse of the former Soviet Union and the consequent diminished likelihood of global warfare between the two over-armed superpowers that had extended their naval power projections to all possible places across oceans. Nevertheless, while the existential nuclear threat looming large across oceans has receded over the years and new issues and themes such as environmental security have emerged as most critical, the international community has remained far too reticent about evolving alternative institutional frameworks for promoting and regulating peace and security across the world's oceans (The Ocean: Our Future 1998, p. 44).

Meanwhile, the dominant discourse on security continues to echo Cold War paradigms where concerns about the use and abuse of the oceans were perceived primarily in the context of navigational stationing and mobility, as well as the exploitation of sea lanes and other ocean resources by big powers with little regard to its sustainability. These military activities of the big powers, though, continue to be projected as if they are in the best interests of all humanity, while, in actual practice, the oceans continue to be the battleground for muscle flexing. All of this has kept basic questions about equity and justice in the margins of all security discourses. To a large extent, even the aforementioned new themes and concerns continue to be viewed through rather narrow prisms of statist security and development perspectives.

INTRODUCTION

One of the major attractions of Antarctica lies in its extreme geographical location, its exceptional wildlife, and flora. Antarctica's rich biodiversity has of late invited attention not only of the scientific community, but also the commercial-corporate sector. The complex issues related to the emergence of bioprospecting as a “new frontier” for commercially-driven scientific research in the pristine and fragile ecology of Antarctica, and the current inadequacy of the Antarctica Treaty System (ATS) to regulate bioprospecting in the southern polar region, demand serious consideration by India and other countries of the Indian Ocean region. The Indian Ocean and its three most important coastal and marine ecosystems (namely mangroves, sea grass beds, and coral reefs) support and sustain the region's fisheries by functioning as nurseries and feeding grounds for many commercial species. These marine ecosystems, currently threatened by a number of factors, also sustain the livelihood of coastal communities along the Indian Ocean (Basiron and Zubir 2007).

In this appendix, we provide details regarding the CGE model used in Chapter 2.

PRODUCTION AND TRADE

Agriculture, mining, and government services sectors are assumed to exhibit perfect competition. In each of these sectors, there is a representative firm operated under constant returns to scale technology. Trade is modeled using the Armington assumption for import demand. The manufacturing and private services sectors are characterized by monopolistic competition, and their structure of production and trade follows Melitz (2003). Each sector with monopolistic competition consists of a continuum of firms that are differentiated by the varieties they produce and their productivity. Firms face fixed production costs, resulting in increasing returns to scale. There is also a fixed cost and a variable cost associated with the exporting activities. On the demand side, the agents are assumed to have Dixit- Stiglitz preference over the continuum of varieties. As each firm is a monopolist for the variety it produces, it sets the price of its product at a constant markup over its marginal cost. A firm enters domestic or export markets if and only if the net profit generated from its domestic sales or exports in a given country is sufficient to cover the fixed cost. This zero cutoff profit condition defines the productivity thresholds for firms entering domestic and exports markets, and in turn determines the equilibrium distribution of non-exporting firms and exporting firms, as well as their average productivities. Usually, the combination of a fixed export cost and a variable (iceberg) export cost ensures that the exporting productivity threshold is higher than that for production for domestic market (i.e., only a small fraction of firms with high productivity are in export markets). These firms supply both domestic and export markets. We assume there is no entry or exit of firms in these monopolistic sectors (i.e., the number of firms is fixed).

INTRODUCTION

Despite the stereotypical, tourist image of Australian Aborigines being desert dwelling nomads, the reality is that almost half of Australia's indigenous people (as other Australians), inhabit and have always inhabited the coastal zone. The fact that many of Australia's indigenous peoples inhabited and still do inhabit coastal and estuarine locations has, of course, much to do with the availability of reliable food resources in the form of fish and shellfish along the coasts and estuaries, as well as short distances out to sea, which supplemented food resources obtained from the land.

This chapter is concerned with indigenous fishing in Western Australia (WA), with a particular focus on the West Kimberley region. It will indicate the difference in perspective of “ownership” of the sea between indigenous and non-indigenous people. It will attempt to show how indigenous fishing has become increasingly regulated through a number of legal and statutory means. There are threats to marine biodiversity and fisheries in the region from overfishing and recreational fishing. Yet there are also opportunities such as the increasing involvement of indigenous people in the management of fisheries, and the development of aquaculture projects.

The chapter will provide a brief background on traditional fishing practices in the region and some of the more recent changes that have occurred. In addition, the chapter presents an overview of current policy and practice relating to indigenous fishing. It describes and discusses issues relating to fishing by indigenous people (as well as fishing by all others) and shows how this is officially subject to a wide range of legal, statutory, bureaucratic, and regulatory limitations. There continues to be a relatively high level of subsistence fishing by Aboriginal people, as well as a small-scale, informal, unregulated market. This Kimberley case study also highlights the need to examine and compare the policies and practices relating to indigenous fishing and fisheries in other parts of the Indian Ocean Region.

INTRODUCTION

Over 80 per cent of the world's cargo is moved over the ocean and billions of tonnes of ballast water are filled in one part of the ocean and discharged at another. In the process, large numbers of marine species enter or leave the ships ballast tanks, thus travelling large distances on a daily basis. These organisms range from microscopic bacteria to large plants and free- swimming fish. The introduction of marine organisms alien to local ecosystems through ship hulls and ballast water is referred to as marine bioinvasion and poses threats to human, animal, and plant life, as well as the marine environment. This has serious consequences for native biota, fisheries, and the overall coastal ecosystem, and can have harmful effects on local flora and fauna through their oxygenic, proliferate, and over-competitive characteristics. The introduction of new species can have a direct impact on society and human health by affecting fisheries and causing health hazards. Also, biodiversity may now be on the verge of collapse due to non-adherence of best practices for ocean governance. Regulations aimed at solving these problems are easily circumvented and ships continue to violate international laws with impunity.

The oceans and seas represent about 70 per cent of the earth's surface. These large bodies of water are intrinsically linked to human and organic life cycles on earth as they provide 15–20 per cent of the animal protein in the diet of people worldwide. Also, as the traditional raw material resources on land are depleted due to overexploitation, resources at sea have attracted great interest throughout the world. The pressures of population growth and food shortages have forced humankind to look towards the sea to meet the growing demand; thus, sea-based resources are now being increasingly exploited to support economic and industrial development. It would be significant to mention that in the long cycle exploitation of resources, the seas have become the last reservoir of resources, be it living or non-living. However, non-adherence to best practices in ocean governance has led to uncontrolled depletion of resources and that remains a cause for concern.

INTRODUCTION

The post-Cold War period has seen a move towards a modern sovereignty concept in terms of increasing cooperative action on the conservation and management of regional and global fisheries. While this can only lead to a long-term improvement in ocean ecosystem health, too little scholarly attention has been given to the politics of maritime conservation issues. Environmental ideals of ecological sustainability and the maximization of marine biodiversity are invariably compromised by the outcomes of a range of interacting conflicts at all jurisdictional and interest levels.

The principal purpose of this chapter is to describe and discuss an integrated framework of analysis that makes more explicit where such conflicts are likely to occur as a kind of checklist for policymaker action. It is argued that the resolution of these conflicts will contribute towards the maximization of marine biodiversity as a consequence of directly addressing some of the impediments to closer cooperation at all interest levels.

The chapter contends that fishing conflicts can be conceptualized as a complex set of interactions among five sets of variables — the marine environment, international marine resources management regimes, government agencies, local community fisheries, and non-state actors. The nature of conflict is elaborated for each of these sets of variables, using illustrative examples from the Indian Ocean Region (IOR) from an Australian perspective. Some of the policy implications of the framework are briefly outlined.

This chapter represents a plea for the development of integrated marine management policies in the IOR that imply changes to the goals of all stakeholders and an increase in interstate cooperation among neighbouring states. In order to maximize interstate cooperation, a basic typology of fishing conflicts is devised as a kind of action policy checklist that can then be applied to the identification and resolution of regional fishing disputes.

FISHING CONFLICTS: TOWARDS AN INTEGRATED FRAMEWORK OF ANALYSIS

A Basic Typology of Fishing Conflicts

All fishing conflicts can be conceptualized as a complex set of interactions among five sets of variables — the marine environment, international marine resources management regimes, government agencies, local community fisheries, and non-state actors — the relative importance of which will vary contextually.

INTRODUCTION

The main purpose of this chapter is to outline the structure of the present book, to introduce some of the issues and themes that are to be considered in more detail throughout the volume, and to highlight some of the book's principal findings. The book, which is primarily aimed at furthering the debate on the various impacts of fisheries policies in the Indian Ocean in order to facilitate a new regional policy direction, is organized into three broad sections — fisheries policy frameworks, fisheries resource exploitation, and fisheries policy directions — each of which contains five essays. Before embarking on a discussion of the principal findings of each essay, there will be a brief discussion of fisheries as a resource that will entail a consideration of the global and regional significance of fish stocks and their association with marine biodiversity and fisheries ownership.

FISHERIES AS A RESOURCE

The Global and Regional Significance of Fish Stocks

Fishing is central to the livelihood and food security of approximately 200 million people around the world, with large concentrations especially concentrated in the developing world, while one in five of the world's population depends on fish as a primary source of protein (UNEP 2008). However, as has been pointed out:

LOGISTICS SECTOR DEVELOPMENT IN ASEAN

Logistics is an important aspect of economic integration. An effective logistics system results from efficient coordination of infrastructure development across a region. A key issue is multimodal transportation. De Souza et al. (2007) note that the literature on this topic outlines the need for intermodal transport networks, benchmarking of intermodal freight transport, and evaluation of the cost and time benefits of using intermodal transport.

Several methods have been used to study multimodal transport. Case study research focusing on cost and time shows the cost and efficiency advantages of different combinations of routes and modes for freight transportation in ASEAN (Banomyong 2000, 2004). Studies on regional issues related to multimodal transport have been conducted in the EU (Lewis et al. 2001), APEC (Goetz et al. 2002), etc. The focus of these studies ranges from the benchmarking of costs and analysis of issues related to intermodal transport to theoretical studies of these transport networks (Stank and Roath 1998).

Furthermore, Arnold and Villareal (2002) examine the logistics of selected commodities produced in the Philippines for export. They assess the effects of logistics impediments on the total supply chain, market price, and household budgets. Arnold (2003) has also studied logistics development and trade facilitation in the Lao PDR. He identifies a number of problems in the transport network connected to the Lao PDR as well as in financial institutions, customs procedures and duties, and trade and transit agreements) and suggests improvements to facilitate trade. Related to this, Goh and Ang (2000) examine logistics development in the Greater Mekong Sub-region.

Carana (2004) examines the impact of transport and logistics on Indonesia's trade competitiveness. It investigates constraints on transport modes, intermodal networks, infrastructure, customs practices and procedures, trade-related banking and financial practices, transport intermediaries as well as the overall development of Indonesia's transport and logistics system. ALMEC (2002) analyzes the development of the maritime transport system in ASEAN, including the liberalization of shipping, port systems, and logistics development.

INTRODUCTION

There are several elements to the general trend of the use of market measures in natural resource management. In the case of Marine Protected Areas (MPAs), in some of the more developed parts of the Indian Ocean Region (IOR), such as Australia, a particularly virulent form of neoliberal environmental management — wise use — has replaced the more state- based regulatory approach of multiple use. While the use of market-based instruments in oceans' governance is most clearly identified in resource extraction sectors such as fisheries and oil and gas, these tools are increasingly being directed at broader marine environmental management. A more consumer-directed approach is the use of eco-labels to provide greater community information as to the environmental effects of products, with a particular focus on the by-catch of marine wildlife. The creation and domestic implementation of certification programmes initiated under the umbrella of the Marine Stewardship Council (MSC), the Food and Agriculture Organization (FAO) and the International Organization for Standardization (ISO) is an interesting development — though not without faults in theory and practice — linking market-based eco-labelling with catch or product certification. In the international arena, the increased use of World Trade Organization (WTO) disciplines and rules (as highlighted in the Tuna-Dolphin and Shrimp-Turtle cases) have seen increased attention given to measures that conditioned market access on being compliant with environmental protection protocols.

Much of this chapter is devoted to providing the overall background of fisheries and marine management in the IOR to lead on to an exploration of both good and poor models of marine management in the Indian Ocean. It concludes that any sustainable oceanic future in the Region must include a strong role for nation states (and partnerships among states), as well as partnerships with non-state partners, whilst stressing the limits of neoliberal natural resource economic management models.

The outcomes of the United Nations Conference on Environment and Development (UNCED) in 1992, most notably, the Rio Declaration and Agenda 21 (particularly Chapter 17), as well as the Biodiversity Convention and the agenda established by the World Summit on Sustainable Development (WSSD) in 2002, have had significant impacts in the development of oceans’ governance.

INTRODUCTION

The Western Indian Ocean (WIO) is one of the largest fishing areas among those classified as such by The Food and Agricultural Organization of the United Nations (FAO). The region has maintained a steady rate of increase in fish landings mainly as a result of increased harvests of tuna species by distant-water fishing states since the 1990s. The highly migratory nature of the tuna stocks calls for management cooperation among coastal states in the WIO, taking into account principles and provisions in recent international instruments. This chapter reviews the broad organizational framework in the WIO with regard to tuna fisheries management, and particularly, the Indian Ocean Tuna Commission (IOTC). We examine the challenges faced by the IOTC in the management and conservation of tuna, and the measures being taken to implement international fishery instruments, with a view to enhancing the coordination and cooperation of WIO coastal states at a regional level.

Tunas are one of the most economically important marine species globally and their demand has been on the increase, with tuna fishing around the world intensifying especially since the 1990s. The global catches of tuna increased from 400,000 tons in 1950 to over 4,000,000 tons in 2002, with the greatest catches being made in the Pacific Ocean by Japan, which amounted to 550,000 tons in 2002. International trade in tuna has mainly served the canning industries and the sashimi market.

The 1982 United Nations Convention on the Law of the Sea (hereafter LOSC) categorizes tuna and tuna-like species as highly migratory, since they move across exclusive economic zones (EEZs) of several coastal states and into the high seas, which are not under the jurisdiction of any state. Their migratory nature makes them vulnerable to overfishing. Vessels fishing for tuna are just as highly mobile, moving between the Oceans using various gears during their operations as they follow the tuna. This makes effective management of tuna stocks a significant challenge.

INTRODUCTION

In this era of revolutionary changes, processes of transnationalization are seen as re-structuring spatial relations to form a borderless world or “space of flows” (Castells 1989; 1993; 1996). Such processes have led to innumerable political choices and state decisions to embark on respective development programmes so designed as to facilitate an entry into what is perceived as the modern, larger and better transnational order.

Until recently, Asia's response to such a challenge has been towards the execution of development programmes which have emphasized the setting up of global market and export-led industries. However, a major lesson has emerged from the recent Asian economic crisis. It is now clear that, although the global market and export-led industries are important in development programmes for the transnational order, these programmes require a major rethinking of whom the beneficiaries of such programmes should be if sustainable development is to be achieved. As Asia searches for ways to recover from the crisis, it is timely that a new and holistic paradigm for development towards the transnational order be tailored to incorporate synergistic partnerships among the state, businesses, civil society and the very peoples whose lives are infringed upon by such development policies.

This paper focuses on the Orang Suku Laut in the Riau Archipelago as an example of an indigenous people affected by development policies. The term “Orang Suku Laut” when translated means “Tribe of Sea People”. The Orang Suku Laut are also the indigenous Malays of the Riau archipelago in Indonesia. For centuries, the sea and coastal areas have formed both home and workplace for them. They live in an area which has in recent times been undergoing accelerated changes in the name of economic development and modernization for a transnational order.

THEORETICAL ARGUMENT AND AIMS

Contemporary development policies have so far been based on ideologies that are jointly shaped by multi- and transnationals as well as local state powers to generate unsurpassed revenues through the fastest and shortest route possible. Agendas for economic growth have thus given rise to new challenges as accelerated flows of commodity demands, human resources, capital, technologies, communications, images and knowledge move beyond national boundaries. On the local level, lives of the local inhabitants have been transformed according to presumed Utopian plans of high economic growth in the transnational order.

INTRODUCTION

The meaning attached to the city is placed centrally in the works of Castells. According to him, cities are liable to change because all sorts of parties are permanently struggling over the meaning the city should have. He defines “urban meaning” as “the structural performance assigned as a goal to cities in general (and to a particular city in the inter-urban division of labor) by the conflictive process between historical actors in a given society”. This article about the origin and development of the Indonesian municipality deals precisely with the meaning of urban attached to the Indonesian town by various categories of people at different levels over the years. This concerns a long-term process in which a lot of interests and goals have been at stake, such as financial cuts, administrative decentralization, the promotion of local interests, nation-building, security, repression, and the promotion of self-interests.

The Law of Decentralization was passed on 23 July 1903. It consisted of three articles, added to the governmental regulations of the Netherlands Indies, which empowered the establishment of local authorities. From 1905 onwards, urban municipalities (gemeenten) were created with Batavia, Meester Cornelis, and Buitenzorg taking the lead, followed soon by many others. Until then, the Netherlands Indies government had been dominated by the strongly centralized power of the governor-general. After the passing of the law, local interests could be represented at the local level.

The origin of this law could be characterized as a long Way of the Cross ending up with a jump into freedom. For more than half a century, local authority had been a topic of more or less intense contention between various persons, groups, and governmental bodies in which the discretion of the citizenry was at stake. It led to heated debate in parliament and other places as well as in the press, where not only were the pros and cons of the arguments fully explored, but also the modalities local authority might take.