scholarly journals Indo-Pacific Maritime Cooperation: ASEAN Mechanisms on Security Towards Global Maritime Governance

2019 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Angel Damayanti
Keyword(s):  
International Law ◽  
Maritime Security ◽  
Global Ocean ◽  
Security Cooperation ◽  
Trading System ◽  
Common Concern ◽  
West Pacific Ocean ◽  
Ocean Governance ◽  
International Stability ◽  
The Common

The importance of the sea in the current era of globalization has called all countries for managing their interests at sea as well as their common concern collectively, cooperatively and inclusively. By looking at the notions of the sea as a medium of connectivity and sea as a resource coupled with its vulnerability particularly in Indian and Pacific Oceans, Indo-Pacific maritime cooperation towards global ocean governance accordingly are vital to the international stability, a successful of sea-based trading system and sustainability use of the oceans. Therefore this article discusses the rationale of Indo-Pacific Maritime Cooperation, which made possible by the common concern of countries that locate between the Indian and West Pacific ocean maritime, the vulnerabilities of the region and the existence of various ASEAN’s mechanisms on Maritime Security Cooperation as well as regional regime and international law. Nevertheless, ASEAN needs to note some issues relating to its consolidation as well as the internal challenges in the realization of global maritime governance.

Part V Regional Perspectives on Global Ocean Governance, 11 The African Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Vrancken Patrick
Keyword(s):  
International Law ◽  
Negotiation Process ◽  
International Negotiation ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Ocean Governance ◽  
Transport Safety ◽  
African Perspective ◽  
United Nations Convention

This chapter discusses issues of global ocean governance from an African perspective. It first provides an overview of the historical lack of engagement by Africa in the 400-year long evolution of the customary international law of the sea before considering its belated entry into the international negotiation process that yielded the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then describes the developing institutional framework for African ocean governance, focusing on the African Union and its areas of competence, along with the different African regional arrangements that have been established to address maritime issues ranging from natural environmental protection and sustainable marine resource development, to maritime transport safety and security. It also examines Africa's contribution to global ocean governance framework and concludes with an assessment of the Combined Exclusive Maritime Zone of Africa (CEMZA) proposal.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 5 The Role of International Tribunal for the Law of the Sea (ITLOS) in Global Ocean Governance

2018 ◽  
Author(s):  
Golitsyn Vladimir
Keyword(s):  
International Law ◽  
Global Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Progressive Development ◽  
Ocean Governance ◽  
United Nations Convention ◽  
The Law ◽  
Advisory Opinions

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.

Part V Regional Perspectives on Global Ocean Governance, 15 The Australian and Antarctic Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Warner Robin
Keyword(s):  
Maritime Security ◽  
Policy Framework ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Law And Policy ◽  
Ocean Governance ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
Marine Areas ◽  
The Antarctic

This chapter examines issues of global ocean governance in Australia and Antarctica. It first provides an overview of Australia's law and policy framework for ocean governance as well as its maritime jurisdiction before discussing issues regarding management of rights and responsibilities on Australia's extended continental shelf. It then considers Australia's engagement with regional initiatives to conserve and sustainably use marine biodiversity, and the ways it addresses global and regional maritime security. In particular, it analyses the Australian Oceans Policy on maritime security and how it evolved in response to rising instances of ‘people-smuggling’ incidents to establish both national and regional policies against this practice. The chapter goes on to assess ocean governance in Antarctica, focusing on the Antarctic Treaty and the cooperation among its partners in the development of a comprehensive environmental protection regime which applies to marine areas both within and beyond national jurisdiction.

scholarly journals ENHANCING MARITIME SECURITY COOPERATION

2021 ◽  
Vol 58 (2) ◽  
pp. 4769-4775
Author(s):  
Lutfi Saefullah, Husain Syam, Hamsu Abdul Gani, Haedar Akib,
Keyword(s):  
World Trade ◽  
World Economy ◽  
Cultural Exchange ◽  
Maritime Security ◽  
Security Cooperation ◽  
Weather Forecasts ◽  
Full Responsibility ◽  
The World ◽  
Common Goals ◽  
The Common

Seaborne trade is an important component of world trade by which, Indonesia’s water becomes very important and vital in contributing to the world economy. Notwithstanding the strategic meaning of Indonesian water to the World, Indonesian water is still the full responsibility of Indonesia. Indonesia has made substantial and sustained efforts to maintain the safety and security of its sea lanes of communication by updating paper charts, installing navigational aids, broadcasting maritime hazards and weather forecasts, and patrolling certain areas. These efforts show that Indonesia, somewhat, has undertaken its obligations in taking care of the international community interests. Nevertheless, user states and other ships which use chokepoints within Indonesia’ water and derive significant benefits within sometimes do not realize as such. Therefore, this article on the results of normative research aims to explain the need to increase maritime security cooperation as a precondition for achieving the common goals of countries that utilize Indonesian waters and surrounding countries as a route of transportation, trade, cultural exchange, science and civilization.

5 The IMO: Maritime Security: An Essential Feature for Sustainable Maritime Development and Global Ocean Governance

2018 ◽  
Author(s):  
Trelawny Chris
Keyword(s):  
Essential Feature ◽  
Maritime Security ◽  
Stress Factors ◽  
Global Ocean ◽  
Security Measures ◽  
Short Term ◽  
Mass Migration ◽  
Ocean Governance ◽  
The Subject ◽  
New Perspective

This chapter provides a new perspective on the subject of maritime security. It argues that piracy and armed robbery at sea are in reality land-based problems, the root causes of which still remain to be addressed by the international community. However, this chapter also maintains that, instead of focussing on short-term security measures, the stress factors that lead to instability, insecurity, and uncontrolled mass migration should also be addressed. The aim should be to improve economic development, supported by maritime development and underpinned by maritime security. Furthermore, the chapter examines not only the issue of piracy and terrorism at sea but also International Maritime Organization (IMO) measures aimed at improving security of international movements of containers, which has a wider implication than just prevention of terrorism and the protection of customs revenues.

Part IV Maritime Security and Global Ocean Governance, 9 The Application of Force as an Aspect of Global Ocean Governance

2018 ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Public International Law ◽  
Ocean Governance ◽  
United Nations Convention ◽  
Emerging Themes ◽  
The United Nations ◽  
Definition Of

This chapter examines the concept of ‘force’ as invoked in public international law more generally and in Article 301 of the United Nations Convention on the Law of the Sea (UNCLOS) more specifically, with emphasis on its application as an aspect of global ocean governance. Article 301 adopts the formulation of the prohibition of force contained in the Charter of the United Nations, but a variation of this formulation can also be found in the definition of ‘innocent passage’ contained in Article 19(2) of UNCLOS. The chapter considers the scope of this prohibition and the actions — or activities — it was designed to address as well as the occasions when UNCLOS envisages some form of physicality or physical interposition by States occurring outside their respective jurisdictions. It also discusses the threat as well as the use of force as spelled out in Article 2(4) of the UN Charter, along with emerging themes for ocean governance.

Relating regional crises and political cohesion from an ASEAN and EU-ASEAN perspective

2016 ◽  
Vol 6 (3) ◽  
pp. 93-105
Author(s):  
Naila Maier-Knapp
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Institutional Development ◽  
International Community ◽  
Southeast Asian ◽  
Regional Level ◽  
Asian Region ◽  
Common Concern ◽  
The Common ◽  
Regional Grouping

In December 2015, the Association of Southeast Asian Nations (ASEAN) celebrated the official establishment of the ASEAN Community. Having emerged in 1967 as a regional grouping of developing countries with minimal shared interests—beyond the common concern of economic growth and national resilience, ASEAN now has established regional structures which have been vital in enhancing development and dialogue on a broad range of issues across the Southeast Asian region. Over the years, the institutional development at the regional level has been accompanied by various efforts to promote regional unity and identity. The more recent years have also displayed that the international community has been supporting these efforts for ASEAN unity and identity by showing greater recognition of ASEAN as an international actor in its own right, for example, through the establishment of numerous country delegations to ASEAN.

The International IP System: From Continuity to Resilience

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
International Law ◽  
Revolutionary Change ◽  
Minimum Standards ◽  
Multilateral System ◽  
Common Goals ◽  
The Common ◽  
Relationship Of

This chapter looks at how rule-relations within the international intellectual property (IP) system have developed from continuity (in constantly raising minimum standards) to resilience (against certain forms of increasing protection). It considers the evolution of the international IP system from the nineteenth century onwards, examining how each succeeding changes and additions to the system had established a relationship of continuity which integrates existing standards and adds new ones. The chapter then turns to the emergence of another revolutionary change. The integral nature of the common goals established in TRIPS’ object and purpose creates a form of ‘resilience’ of the multilateral system over attempts for inter-se modifications. Moreover, international law has appropriate tools so that those charged with applying, implementing, and interpreting multilateral IP norms can give effect to this resilience both in relations of interpretation and relations of conflict.

Criminal Threats Undermining Indo-Pacific Maritime Security: Can International Law Build Resilience?

2020 ◽  
Vol 2 (2) ◽  
pp. 206-220
Author(s):  
Jade Lindley
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Good Governance ◽  
Maritime Security ◽  
Broken Windows ◽  
Pacific Region ◽  
Maritime Piracy ◽  
Illegal Fishing ◽  
Crime Theory ◽  
Criminological Perspective

Maritime security in the Indo-Pacific region is strategically important to not only the surrounding states, but also those with an interest in its good governance, to support safe passage and natural resources extraction. Criminal threats, such as maritime piracy and illegal fishing, enabled by corruption and the potential for terrorism, undermine regional maritime security and therefore, there is incentive for states to respond cooperatively to secure the region. Drawing on broken windows crime theory, implicitly supporting the continuation of criminal threats within the region may enables exiting crimes to proliferate. With varying legal and political frameworks and interests across the Indo-Pacific region, achieving cooperation and harmonisation in response to regional maritime-based criminal threats can be challenging. As such, to respond to criminal threats that undermine maritime security, this article argues that from a criminological perspective, aligning states through existing international law enables cooperative regional responses. Indeed, given the prevalence of corruption within the region enabling serious criminal threats, harmonising through existing counter-corruption architecture may be a suitable platform to build from.

Sulu-Sulawesi Seas Patrol: Lessons from the Malacca Straits Patrol and Other Similar Cooperative Frameworks

2018 ◽  
Vol 33 (4) ◽  
pp. 799-826 ◽  
Author(s):  
Hadyu Ikrami
Keyword(s):  
Best Practices ◽  
The Philippines ◽  
Maritime Security ◽  
The Other ◽  
Similar Form ◽  
Security Cooperation ◽  
Sulu Sea ◽  
Straits Of Malacca ◽  
Maritime Strategy ◽  
The Relationship

Abstract On 19 June 2017, Indonesia, Malaysia, and the Philippines launched the Sulu-Sulawesi Seas Patrol (SSSP), a framework of maritime security cooperation aimed at protecting the Sulu Sea and Sulawesi (Celebes) Sea from maritime crimes. The three nations had announced that their cooperation might be modelled on the Malacca Straits Patrol (MSP), a similar form of cooperation between Indonesia, Malaysia, Singapore, and Thailand to safeguard the Straits of Malacca and Singapore. This article primarily compares both cooperative frameworks, and argues that the SSSP should be modelled on the MSP, subject to certain conditions. Where there are insufficient best practices in the MSP, this article contrasts the SSSP with other similar cooperative frameworks, including the Combined Maritime Forces and the ECOWAS Integrated Maritime Strategy. In addition, this article also discusses the relationship between the SSSP and MSP on one hand, and the ASEAN maritime security mechanisms on the other hand.

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