Southeast Asian Approaches to Maritime Boundaries

2013 ◽  
Vol 4 (2) ◽  
pp. 309-357 ◽  
Author(s):  
Tara DAVENPORT
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Southeast Asian ◽  
Interesting Case ◽  
Normative Development ◽  
Maritime Boundary ◽  
Boundary Making ◽  
Boundary Issues ◽  
Ocean Boundary

From both a geographical and geopolitical perspective, Southeast Asia is a particularly interesting case-study for maritime delimitation. Despite the existence of significant obstacles to maritime boundary-making, including a complex coastal geography and a multitude of territorial and jurisdictional disputes, Southeast Asia has been described as the “scene of very active and innovative ocean boundary diplomacy”. The objective of this paper is to examine Southeast Asian approaches to maritime boundaries. First, it seeks to identify whether there are common trends and practices in Southeast Asian practice which have contributed to the high number of maritime boundaries concluded by Southeast Asian states. Second, the paper will explore the extent to which Southeast Asian practice has contributed to the normative development of international law on maritime delimitation. Third, the paper will discuss whether there are any lessons to be learned from Southeast Asian practice that can be used to settle unresolved maritime boundary issues in the region.

scholarly journals Postcolonial International Law Discourses on Regional Developments in South and Southeast Asia

2008 ◽  
Vol 36 (3) ◽  
pp. 387-431 ◽  
Author(s):  
Diane A. Desierto
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
International Economic Order ◽  
Southeast Asian ◽  
Self Determination ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
South And Southeast Asia ◽  
International Legal Order ◽  
International Legal System

The development of international law in South and Southeast Asia exemplifies myriad ideological strands, historical origins, and significant contributions to contemporary international law doctrines’ formative and codification processes. From the beginnings of South and Southeast Asian participation in the international legal order, international law discourse from these regions has been thematicallypostcolonialand substantivelydevelopment-oriented.Postcolonialism in South and Southeast Asian conceptions of international law is an ongoing dialectical project of revisioning international legal thought and its normative directions — towards identifying, collocating, and applying South and Southeast Asian values and philosophical traditions alongside the Euro-American ideologies that, since the classical Post-Westphalian era, have largely infused the content of positivist international law. Of increasing necessity to the intricacies of the postmodern international legal system and its institutions is how the postcolonial project of South and Southeast Asian international legal discourse focuses on areas of international law that create the most urgent development consequences: trade, investment, and the international economic order; the law of the sea and the environment; international humanitarian law, self-determination, socio-economic and cultural human rights.

scholarly journals Reconceptualizing Indianization: A Study of the Art of the Local Female Deities

MANUSYA ◽  
2004 ◽  
Vol 7 (2) ◽  
pp. 14-31
Author(s):  
Rattanaporn Poungpattana
Keyword(s):  
Southeast Asia ◽  
Southeast Asian ◽  
Real Situation ◽  
Two Cultures ◽  
The Real ◽  
Female Deities ◽  
The Two Cultures ◽  
Asian People

It was formerly known and agreed generally that the earliest Southeast Asian people did not create their own civilization, but adopted models from India. Accordingly, civilization in Southeast Asia is called "Indianization". Yet there are three mains schools of thought giving different views of the characteristics of Southeast Asian civilization. While the first school, led by Coedes, points out that civilization in Southeast Asia is not so different from its Indian models, the second school, led by Wolters, suggests that Southeast Asian civilization is completely different from the Indian one due to the process called 'localization'. Compromisingly, the last school, led by Mabbett, proposes the harmonious living of the two cultures in local societies. As the debates are still uncompromised, the article offers the examination of the case study of female deities in an attempt to compromise those debates. According to the observation on the case study, it can be summed up that Wolters and Mabbett's suggestions seem closer to the real situation, and that Southeast Asia has its own typical civilization.

Part V Global and Regional Security Mechanisms, Ch.52 The Association of Southeast Asian Nations and Southeast Asia’s Regional Security

2021 ◽  
Author(s):  
Desierto Diane A
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Regional Cooperation ◽  
Critical Role ◽  
Southeast Asian ◽  
Regional Security ◽  
Post Cold War ◽  
Peace Initiatives ◽  
Political Security ◽  
The Stability

This chapter addresses the critical role of the Association of Southeast Asian Nations (ASEAN) in the incremental evolution of the concept of Southeast Asian regional security. It reflectively tracks the organization’s gradual emergence from a loose, pluralist platform for regional cooperation, into a Charter-based intergovernmental organization with dispersed legislative and executive powers, subscribing to international law, international human rights, and humanitarian law, and a rules-based multilateral economic and geopolitical system. Ultimately, ‘Southeast Asia’ and ASEAN are both strategic post-Cold War constructs that evolved over decades to develop distinct regional strategies fostering peace and security in the region, and contributing to international law and the stability of the region. The chapter then details the initially hesitant and incrementalist path taken by ASEAN Member States in formulating regional security cooperation strategies for siloed regional issues, such as transnational crimes and maritime security, amongst others. It also maps the significant shift from incrementalism to the deliberate institutionalization of regional cooperation under the ASEAN Political-Security Community created under the 2008 ASEAN Charter and its broader implications for security governance, dispute settlement, regional security, and peace initiatives for Southeast Asia. Finally, the chapter considers the centrality of consensus to ASEAN regional security decision-making.

scholarly journals Paradigm Shifts in Internalization of International Law: A Case Study of Growing Human Rights Jurisprudence in Nepal

2018 ◽  
pp. 12-40
Author(s):  
Prof. Geeta Pathak
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Paradigm Shifts ◽  
International Human Rights ◽  
International Human ◽  
The Government

The concept of internalization (domestication) of international law, underpinning the traditional theories of ‘monism and dualism,’ is being shifted along with the change in the contexts. Internalization can be mapped out through the process and result indicators of recognition of international legal norms through incorporation or transformation in the domestic laws, including the Constitution. The success of the internalization of international human rights law depends on the political will of the government and independent judiciary. The state practices, including decisions of the courts, discussed in this paper, further indicate the eventual changes in the process. Most importantly, the level of internalization can be measured by jurisprudential trends of application of international law in general and the international human rights instruments in particular. The second part of this paper minutely observes the 'bramble-bush effects' on the laws and jurisprudence developed along with democratization in Nepal since 1990. Nepal is an interesting case study due to its experiment of the theories of monism and dualism. Although the Treaty Act of Nepal explicitly recognizes the higher legal status of international agreements or treaties to which Nepal is a party, the Constitution of Nepal does not recognize the same. Nevertheless, the situation of ratification and accession of a large number of human rights treaties without reservation and growing thematic human rights jurisprudence reasonably justify the greater scope of internalization of international human rights laws in Nepal.

Drawing Lines at Sea: Australia’s Five Decades of Maritime Boundary Delimitation

2021 ◽  
Vol 39 (1) ◽  
pp. 233-260
Author(s):  
Andreas Østhagen
Keyword(s):  
International Law ◽  
Oil And Gas ◽  
Gas Production ◽  
Oil And Gas Production ◽  
Maritime Boundary ◽  
Timor Leste ◽  
Boundary Making ◽  
Maritime Disputes ◽  
Core Questions ◽  
Maritime Boundary Delimitation

Abstract Boundaries in the ocean are man-made constructs of importance to everything from oil and gas production, to fisheries and environmental protection. How do states delineate such ownership and rights? These are the core questions examined in this article, which studies Australia’s maritime boundary agreements, starting with Indonesia in 1971 and ending with Timor-Leste in 2019. In addition to depicting and documenting the main drivers and impediments to these agreements whenever Australia has had to negotiate with a third country, it examines Australia’s approach to boundary-making at sea more generally. Drawing on international law and political science, this article shows why we need understand the interplay between security politics, legal considerations and domestic interests in order to understand what motivates states to settle their maritime disputes.

Tombstones, Texts, and Typologies: Seeing Sources for the Early History of Islam in Southeast Asia

2008 ◽  
Vol 51 (2) ◽  
pp. 252-286 ◽  
Author(s):  
Elizabeth Lambourn
Keyword(s):  
Southeast Asia ◽  
Southeast Asian ◽  
Early History ◽  
Historical Inquiry ◽  
Visual Content ◽  
History Of ◽  
Early Islamic

AbstractThis article is a case study of an iconic symbol of Indonesian Islamization: the tombstones of al-Malik al-Sālih (d.696/1297 AD), believed to be the first Muslim Sultan of the polity of Samudra in Sumatra. The author questions the dominance of textualist approaches in Southeast Asian historical inquiry by applying the concept of the "integral cultural product"—in which text, visual content and material are equally important and interdependent. This fresh analysis suggests that al-Sālih's tombstones are actually later replacements for an older grave, so raising new questions about the construction of legitimacy and ancestry in early Islamic Southeast Asia. Cette contribution étudie un symbole de l'islamisation indonésienne: les pierres tombales d'al-Malik al-Sālih (décédé en l'an 696/1297 ap. J.-C.) réputé être le premier sultan musulman du royaume de Samudra à Sumatra. L'auteur conteste la dominance de la méthode textualiste dans les recherches historiques sur l'Asie du Sud-est en utilisant le concept de "produit culturel intégral": le texte, l'aspect extérieur et la matière, interdépendants, doivent être analysés globalement. Cette approche nouvelle suggère que les pierres tombales d'al-Malik al-Sālih seraient effectivement des substituts tardifs d'un tombeau plus ancien, ce qui soulève des interrogations sur la construction de la légitimité et de l'ascendance à l'aube de l'ère islamique en Asie du Sud-est.

2018 Fiji Election Results: Patterns of Voting by Provinces, Rural-Urban Localities, and by Candidates

2020 ◽  
Vol 40 (2) ◽  
Author(s):  
Haruo Nakagawa
Keyword(s):  
Political Parties ◽  
Electoral System ◽  
Interesting Case ◽  
The Political ◽  
Quantitative Analyses ◽  
Election Results

Akin to the previous, 2014 event, with no data on voter ethnicity, no exit polls, and few post-election analyses, the 2018 Fiji election results remain something of a mystery despite the fact that there had been a significant swing in voting in favour of Opposition political parties. There have been several studies about the election results, but most of them have been done without much quantitative analyses. This study examines voting patterns of Fiji’s 2018 election by provinces, and rural-urban localities, as well as by candidates, and also compares the 2018 and 2014 elections by spending a substantial time classifying officially released data by polling stations and individual candidates. Some of the data are then further aggregated according to the political parties to which those candidates belonged. The current electoral system in Fiji is a version of a proportional system, but its use is rare and this study will provide an interesting case study of the Open List Proportional System. At the end of the analyses, this study considers possible reasons for the swing in favour of the Opposition.

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