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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.
Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
This work presents an in-depth analysis of the most complex of the many ocean boundary delimitation problems confronting neighboring states in the Pacific region. In each case the various factors influencing the parties to the dispute are examined in detail & alternative diplomatic options are compared. Special emphasis is given to the problems of Southeast Asia, East Asia, & the Northeast Pacific, but regional developments in the Southwest Pacific & the Central & Southeast Pacific are also discussed. The authors, who are prominent specialists in the field of ocean policy studies place their factor-and-option analysis of these difficult disputes within a multidisciplinary, 'functionalist' framework, & offer some original proposals for innovative ocean diplomacy that now seem realistic in light of recent improvements in the international political arena.
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.
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
"An important contribution to the dearth of literature of ASEAN and the law of the sea, this book is the result of extensive research by Dr. Tangsubkul, an international law specialist. The contents are divided into two broad areas. The first section on the evolution of the geo-juridical nature of ocean space appropriation by coastal states and ASEAN states covers: Claims of ASEAN states relating to the law of the sea: a historical survey; Individual approaches and claims of ASEAN countries on the emerging trends in the law of the sea; The special problems of passage through archipelagic waters and straits used for international navigation. The second section on problems relating to jurisdiction and rights over living and non-living resources of ASEAN countries covers: Fishery development in individual ASEAN countries; Problems of ASEAN vis-à-vis fishing resources; Status of development of petroleum and gas in individual ASEAN states; Law and practice relating to the jurisdiction and rights over non-living resources in ocean areas adjacent to ASEAN states; Problems and potential conflict involving off-shore exploration and exploitation of oil and gas."--Page 4 of cover.