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Unclos and the modern law of the sea
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- By Sam Bateman, Sam Bateman is a Professorial Research Fellow at the Australian National Centre for Ocean Resources and Security(ANCORS), University of Wollongong, Australia
- Edited by Christian Buchet, N. A. M. Rodger
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- Book:
- The Sea in History - The Modern World
- Published by:
- Boydell & Brewer
- Published online:
- 26 May 2017
- Print publication:
- 17 February 2017, pp 70-80
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Summary
ABSTRACT.Since the 1960s a new framework of international law has been developed under the auspices of the United Nations. This defines “Exclusive Economic Zones”, “Continental Shelf Regimes”, “Archipelagic Waters” and other areas in which the traditional “freedoms of the seas” are restricted. The tendency is to limit the “freedoms of the seas” traditionally enjoyed by the maritime powers in favour of the interests of other coastal states, but much uncertainty still surrounds both the definition and the enforcement of these new legal rights.
RÉSUMÉ.Depuis les années 60, un nouveau cadre juridique international a été développé sous l'égide des Nations Unies. Il définit les « zones économiques exclusives », les « régimes du plateau continental », les « eaux archipélagiques » et autres zones dans lesquelles la traditionnelle « liberté des mers » est restreinte. Visant principalement à limiter la « liberté des mers » dont jouissent généralement les puissances maritimes au profit d'autres États côtiers, il demeure néanmoins beaucoup d'incertitudes quant à la définition et la mise en application de ces nouveaux droits juridiques.
The law of the sea provides the legal framework for managing the 71% of the earth's surface covered by water. The modern law of the sea is derived from the 1982 UN Convention on the Law of the Sea(UNCLOS) and other international instruments; the custom and practice of states; the judgments of international courts and tribunals; and the opinions of eminent international jurists. It may be either the “hard law” of binding international treaties, or the “soft law” of non-binding guidelines or codes of conduct.
The law of the sea is the part of public international law that deals with human uses of the oceans and seas of the world, exploiting their resources and preserving their utility for future generations. It covers regimes for navigation, fishing, offshore mining, marine scientific research, the laying of cables and pipelines, sea dumping, resolving maritime disputes and the preservation and protection of the marine environment. A particularly important aspect is the extent and nature of the jurisdiction and sovereignty exercised by coastal states over their adjacent waters. The law of the sea has evolved over the years in response to changing political circumstances, demands posed by new and wider uses of the sea, technological developments and increasing concern for the health of the world's oceans and their living resources.
5 - The FPDA's Contribution to Regional Security: The Maritime Dimension
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- By Sam Bateman, Nanyang Technological University
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- Book:
- The Five Power Defence Arrangements at Forty
- Published by:
- ISEAS–Yusof Ishak Institute
- Published online:
- 21 October 2015
- Print publication:
- 01 November 2011, pp 68-84
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Summary
FPDA's Evolving Maritime Dimension Reflecting the maritime nature of Southeast Asia, the Five Power Defence Arrangements (FPDA) has always had a significant maritime security dimension. This has increased over the last fifteen years or so with the greater attention paid both globally and regionally to maritime security. Maritime security has formally been a major concern of the FPDA since the FPDA Defence Ministers' meeting in Singapore in June 2004 when it was agreed that the focus of the Arrangements should be cooperation to meet non-conventional threats in the region, such as terrorism and maritime security.
The initial focus of the FPDA was the air defence of Singapore and Malaysia. This reflected a UK defence policy decision to keep capacity to intervene in the region by air power and bases in Australia and island facilities in the UK Indian Ocean Territory. The focus recognized the fundamental importance of air power in military operations and the pervasive influence of air power on joint operations. However, the navies of the participating countries were often present in a support role in FPDA exercises, and maritime operations have generally been an important element of exercises and other activities conducted under the auspices of FPDA.
During the first decade or so of the existence of FPDA, “only a handful of relatively simple air defence exercises” were conducted, although Royal Australian Navy (RAN), Royal New Zealand Navy (RNZN) and Royal Navy (RN) warships on deployment in Southeast Asia frequently played a role in these exercises. 4 The key element was the Integrated Air Defence System (IADS), including the Royal Australian Air Force (RAAF) Mirage fighter aircraft based in Butterworth in Malaysia. The deployment of warships with an air defence capability acting as “picket ships” in the Straits of Malacca or the South China Sea markedly extended the range at which air defence of the Malay Peninsula might be conducted.
The replacement of Mirage fighters by F/A-18 aircraft in the 1980s led to the Australian decision to move from the permanent basing of fighter aircraft in Malaysia to rotational deployments from Australia.
Commentary
- from COMMENTARIES
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- By Sam Bateman, Nanyang Technological University, Singapore
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- Book:
- Energy and Geopolitics in the South China Sea
- Published by:
- ISEAS–Yusof Ishak Institute
- Published online:
- 21 October 2015
- Print publication:
- 15 October 2009, pp 41-52
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The South China Sea continues to generate considerable interest and debate. Michael Richardson's article is a timely contribution to this debate, particularly with its review of China's claims in the region, its identification of the energy security factor as a major cause of potential tension, and its summary of developments with the exploration and exploitation of oil and gas. I agree substantially with what Richardson says although with some qualifications as to his views on what China's maritime claims portend. Recent events will be seen by some to reinforce his views, but basically, I have a more relaxed view than Richardson regarding China's ability to play a positive role in the South China Sea in the future.
Recent Events
March 2009 has seen two major developments that stirred up controversy in the South China Sea all over again, and highlighted the difficulties of achieving stability in the region. One was the clash on 8 March between Chinese vessels and a U.S. ocean surveillance ship off Hainan, and the second was approval of the 2009 Philippines Baselines Bill by the Philippines Congress and President Arroyo.
China sternly protested the Philippines bill because it encloses Huangyan Island (Scarborough Shoal) and some islands of the Nansha group (the Spratly Islands) as part of Philippine territory. These features are claimed by China, as well as by Vietnam, which also protested the bill warning that the Philippine action threatened peace and stability in the region.
Because China is a major player in both developments, they have led to a new round of criticisms of China by Western commentators. This increased when China announced it would strengthen its marine surveillance force in the South China Sea, albeit with civil patrol vessels rather than warships. The situation was further aggravated with the release of the U.S. Department of Defence annual report on the military power of China. This was highly critical of Chinese military expansion. It produced a strong response from China condemning the American analysis and the provocative message that China thought it sent.
13 - Maritime security: regional concerns and global implications
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- By Sam Bateman
- Edited by William T. Tow, Australian National University, Canberra
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- Book:
- Security Politics in the Asia-Pacific
- Published online:
- 05 June 2012
- Print publication:
- 15 October 2009, pp 247-265
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Introduction
Maritime security in the Asia-Pacific attracts much attention at present, although many of the concerns are not new. A close relationship exists between regional maritime security and energy security. Increased regional interest in assured access to sources of energy partly explains the greater interest in maritime security. Conflicting claims to sovereignty over offshore islands and competition for offshore resources are a source of tension in Northeast Asia. In Southeast Asia, there are also disputed sovereignty claims. The security of shipping against the threats of piracy and maritime terrorism is of major interest, especially for the Northeast Asian countries, which depend so heavily on the security of the sea lines of communication (SLOCs) from the Middle East through the Indian Ocean to the Malacca and Singapore straits to the South and East China seas, for sustaining their access to energy supplies. Meanwhile, Asia-Pacific naval budgets continue to grow with consequent risks to regional security and the possibility of a ‘naval arms race’. This is particularly true in Southeast Asia (Kaneda 2006). Problems loom on the horizon, including increased competition for maritime hegemony between the major regional sea powers – China, Japan and India.
There is a large imbalance between regional oil consumption and production. The Asia-Pacific currently contributes 9.8 per cent of global oil production but consumes 28.9 per cent of total oil production (Wesley 2007: 33). The major regional sea powers are also the main regional oil consumers.
7 - Piracy and Armed Robbery against Ships in Indonesian Waters
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- By Sam Bateman, Nanyang Technological University, Singapore
- Edited by Robert Cribb, Michele Ford
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- Book:
- Indonesia beyond the Water's Edge
- Published by:
- ISEAS–Yusof Ishak Institute
- Published online:
- 21 October 2015
- Print publication:
- 22 July 2009, pp 117-133
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The Indonesian archipelago sits astride key shipping routes that carry a large share of the world's seaborne trade between the Indian and Pacific oceans. Most international interest in maritime security in recent years has focused on the Malacca and Singapore straits, but shipping elsewhere in the Indonesian archipelago, particularly that passing through the Lombok and Makassar straits, is potentially vulnerable to attack. It is ironic that while most interest has focused on the vessels passing through or near the Indonesian archipelago, the real problem of security is the more grassroots one of protecting vessels trading locally, or those in port or at anchor (Bateman, Ho and Mathai 2007: 311).
As international attention on piracy has shifted to the waters off Somalia, Indonesia no longer has the ‘most pirate-infested waters in the world’ (Storey 2008: 106). The threat of piracy and armed robbery against ships in Indonesian waters has declined considerably in recent years. From 121 incidents reported by the International Maritime Bureau (IMB) in 2003, accounting for about 27 per cent of the world total, the annual number of incidents in Indonesian waters fell steadily to 28 incidents, or less than 9 per cent of the world total, in 2008 (IMB 2009: 5, Table 1). In 2003, Southeast Asia was the most piracy-prone area in the world, with 189 incidents out of a total of 445 actual and attempted attacks worldwide. The IMB annual report for 2003 noted that the north Sumatra/Aceh coast was ‘particularly risky’, with numerous violent attacks reported during the year (IMB 2004: 15).
There are several reasons for the improvement. First, the decline in the number of attacks around Sumatra and adjacent areas of the Malacca Strait appears to be largely due to the improved political situation onshore following the peace agreement in 2005 between the Indonesian government and the Free Aceh Movement (Gerakan Aceh Merdeka, or GAM). The fall in the number of attacks off northern Sumatra, particularly off the port of Belawan near Medan, has confirmed suspicions that elements of GAM were involved in piracy and sea robbery. On the basis of extensive research on attacks on fishing vessels attributed to the key fishing community of Hutan Melintang on the west coast of peninsular Malaysia, Malaysian maritime security analyst Mak Joon Num asserts that until 2005 members of GAM were heavily involved in organized piracy, including a maritime protection syndicate.