ENHANCING SAFETY AND SECURITY IN INDONESIAN WATERS: COOPERATIONS WITHIN DIPLOMACY FRAMEWORK

2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Kresno Buntoro
Keyword(s):  
United Nations ◽  
Marine Pollution ◽  
Economic Security ◽  
Maritime Security ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Maritime Safety ◽  
Strategic Value ◽  
Security Challenges ◽  
The United Nations

<p><em>The Indonesian waters is for world seaborne trade, military and naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess sea lanes of communication. The purpose of this paper is to provide an overview of maritime security challenges within Indonesia in light of its obligations to ensure safety of navigation and security. A number of recommendations are brought up to show efforts have been made by Indonesia in maintaining the safety and security in its waters in the light of defense and naval diplomacy.</em></p><p> </p><p><strong><em>Key</em></strong><strong><em>words</em></strong><em>: maritime safety and security, Indonesian waters, cooperation, diplomacy</em><em></em></p>

scholarly journals New Horizons in the Law of the Sea

2005 ◽  
Vol 36 (4) ◽  
pp. 675
Author(s):  
David Leary ◽  
Anshuman Chakraborty
Keyword(s):  
United Nations ◽  
Dispute Resolution ◽  
Maritime Security ◽  
Law Of The Sea ◽  
Future Directions ◽  
New Horizons ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law

This article summarises the proceedings of the symposium held at Victoria University of Wellington in September 2004 to mark the tenth anniversary of the United Nations Convention on the Law of the Sea.The authors highlight the key themes of the symposium, basing their discussion on the five topics of maritime security, enforcement and compliance in fisheries law, Pacific regional issues, dispute resolution and the law of the sea, and future directions for the law of the sea.

scholarly journals When is a Ship a Ship? Use by State Armed Forces of Un-crewed Maritime Vehicles and the United Nations Convention on the Law of the Sea

2020 ◽  
Author(s):  
Simon McKenzie
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Law Of The Sea ◽  
Military Operations ◽  
Sovereign Immunity ◽  
Strategic Value ◽  
The Future ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

[Law and the Future of War Research Paper No 3] Armed forces around the world are rapidly developing un-crewed maritime vehicles (UMVs) for use in military operations. Key to the strategic value of UMVs is that they will have no people on board, and instead be remotely controlled or, in the future, will be able to carry out some or all of their mission autonomously. But will they fit into the existing categories of the law of the sea set out in the in the United Nations Convention on the Law of the Sea (UNCLOS)? This paper considers whether two of the basic classifications of this body of law – being categorised as a ‘ship’ or ‘vessel’ and being a ‘warship’ – require people to be on board the vehicle and thus exclude UMVs. These categories are critical for the distribution of rights and obligations in the UNCLOS. Failing to qualify as a ship would significantly limit the strategic value of UMVs, restricting their navigational rights and possibly preventing states claiming sovereign immunity. Along with the important practical implications of these definitional challenges, they also serve as an example of when an evolutionary interpretation of international treaty law should be preferred. The paper shows that the better interpretation of ship in UNCLOS is capacious enough to include both remotely controlled and autonomous UMVs. However, the more restrictive definitional requirements of warship in UNCLOS will be more difficult for UMVs to meet.

scholarly journals Signals and Images in Sea Technologies

2021 ◽  
Vol 9 (1) ◽  
pp. 41
Author(s):  
Davide Moroni ◽  
Ovidio Salvetti
Keyword(s):  
Sustainable Development ◽  
United Nations ◽  
Marine Resources ◽  
Sustainable Development Goal ◽  
Development Goal ◽  
The United Nations

Life below water is the 14th Sustainable Development Goal (SDG) envisaged by the United Nations and is aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development [...]

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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