The United Nations Convention on the Law of the Sea (UNCLOS) also called the Law of the Sea Convention (LOSC) or the Law of the Sea treaty defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The LOSC 1982 was the most radical change among the first and second LOSC due to recognition of the mid-oceanic archipelago states as new regimes of the traditional maritime regimes which established the archipelagic water enclosed from the outermost islands . It declared on the fourth part of the LOSC, consist of nine articles, which give an outline of new regimes at sea . This new regime can be depicted in four main attributes; the definition of archipelagic states as their legal status , consist of the legal right to draw baselines , the legal environment of archipelagic states, which enables archipelagic states to measure their portion of sea zones from their established archipelagic baselines. This essay will discuss the principles of archipelagic state under the LOSC, Furthermore, will review Indonesia and the Philippines as the two largest archipelagic states in the world in implementing the LOSC‘s regulation over their status as archipelagic states. 2. Principles of Archipelagic States The part IV of LOSC affirms the legal substances on archipelago states as follows as follows; archipelagic state status , water enclosed by archipelagic baselines , and the right of navigating on the archipelagic water . This agreement established the island states’ parties to have benefited by increasing of the area of the sea. On the other hand, the states have a responsibility to provide access at sea and... ... middle of paper ... ...s and Challenges related to the Definition of Indonesia’s Extended Continental Shelf Rights” in Robert Cribb and Michelle Ford, eds., Indonesia beyond the Water’s Edge: Managing an Archipelagic State, ISEAS, Singapore, 2009, pp. 71-72. Arif Havas Oegroseno, “Indonesia’s Maritime Boundaries” in Robert Cribb and Michelle Ford, eds., Indonesia beyond the Water’s Edge: Managing an Archipelagic State, ISEAS, Singapore, 2009, pp. 49-52. Hasjim Djalal, “Indonesia’s Archipelagic Sea Lanes”, in Robert Cribb and Michelle Ford, eds., Indonesia beyond the Water’s Edge: Managing an Archipelagic State, ISEAS, Singapore, 2009, p. 62. Hasjim Djalal, “Indonesia’s Archipelagic Sea Lanes”, p. 63; see also IMO, Maritime Security Comittee (MSC) Resolution 72 (69), available online at http://www.imo.org/includes/blastDataOnly.asp/ data_id%3D15438/72(69).pdf, viewed 15th April 2011.
"Oceans." Opposing Viewpoints Online Collection. Detroit: Gale, 2014. Opposing Viewpoints in Context. Web. 8 May 2014.
United Nations , "United Nations and Convention on the Law of the Sea:Division for Ocean Affairs and the LAw of the Sea." Accessed November 27, 2013. http://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm.
In the book Red Star Over the Pacific: China’s Rise and the Challenge of U.S. Maritime Strategy, the authors discuss their interpretation of Chinese strategy as it relates to the U.S. maritime power in the Western Pacific. Dr. Yoshihara and Dr. Holmes postulate that Chinese strategists have studied Alfred Thayer Mahan’s theories of sea power. He further expounds on “China’s ability to harness such power against others or to nullify the overbearing power adversaries hold in important sea areas.”1 The book continues by presenting an argument that Chinese strategist use a combination of Mahan and Mao Zedong to cover the strategic and operational levels of war for the ultimate purpose of building maritime power in order to build a great nation. This may be one explanation for current Chinese strategy, but is there another, possibly more practical explanation? This paper will present an alternate, more practical approach to today’s Chinese strategy. Contrary to a Mahanian approach, China bases its strategy on the practical needs of a great nation undergoing a ‘peaceful development’ supported by concepts from the Chinese military classics. In essence, the development of Chinese Anti-Access/Area-Denial (A2/AD) and maritime capabilities comes as a result of the need to maintain social harmony and safeguard national interests, not in order to develop command at sea as Mahan theorizes.
In the book Imagined Communities: Reflections on the Origin and Spread of Nationalism written by Benedict Anderson the effects colonization had on Indonesia are reviewed. Decolonization of countries was induced by revolutions and the spread of nationalism after the 18th century. Independence was followed by state building based on the origin, power and function of nationalism felt in Indonesia (Anderson). Liberalism and Mar...
International law can go through substantial changes if the privileged legal subjects, states, share a common will. Whenever the circumstances are such, the actors can convene a conference and after a series of negotiations, they might conclude an international agreement among themselves resulting in a new setup of international law. From a procedural point of view, therefore, it is rather simple to ‘make’ international law. If the substantive elements significantly overlap (i.e. common denominator of state interests), international law can be altered in line with the will of the parties. This essay deals with four such fields which have significantly been modified during the post-1940 period: human rights, environmental law, law of the sea, and space law. The first two are of particular importance as they have overarching effects in relation to other legal fields.
Tucker, Abigail. "The New King Of The Sea." Smithsonian 41.4 (2010): 26-37. Academic Search Complete. Web. 1 May 2012.
By the end of the Ming Dynasty, Chinese emperors sought to influence and establish connections with states along the Indian Ocean through a series of maritime expeditions. The observations and descriptions of the foreign countries were recorded by Chinese expeditioners who were eager to report their findings to the emperor such as Ma Huan. Through his texts named The Overall Survey of the Ocean’s Shores, Ma Huan offers a unique and portrayal of the Afro-Eurasian world. By using the perspective of a Chinese explorer, The Overall Survey of the Ocean’s Shores by Ma Huan provides detailed information about the unknown cultural, social and political structure of the mysterious Muslim world.
Since the early days when Adam Smith coined the term “invisible hand of the market” in his magnum opus, The Wealth of Nations, it was typically believed among the general population that all goods can be distributed without any interference from the government. Contrary to the popular belief, however, this applies specifically to private goods, i.e. a type of good that is both rivalrous and excludable. It may seem that marine biodiversity is a type of public good, since they are in the vast ocean and everyone is entitled to their ownership. However, many marine biodiversity have tremendous economic values, and one person using it may constitute as another person not being able to use it. Thus, it is best described by the term “impure public goods”. Impure public goods, also known as “mixed public goods”, are “public goods whose benefits are particularly rival and/or partially excludable” and provides both private and public benefits. (Squires, Mixed Goods, 59) “International environmental public goods generate benefits that spill over national borders, so that the benefits (or costs) of those goods extend beyond the country of origin.” (Arriagada and Perrings, 800) Since many biodiversity, such as dolphins and coral reefs, are important to the public and yet could be exploited by citizen of any country, it is important for different countries’ governments to cooperate and conserve the marine biodiversity together. The conservation of marine biodiversity will depend on the externalities that are associated with impure public goods, and slo the technolog of public good supplies. We will also look at the incentives to conserve marine biodiversity in t...
Wikipedia, 2013, File: Sumatra Locator Topigraphy.png, sponsored by Wikipedia, viewed at 2nd November 2013, Available at: http://en.wikipedia.org/wiki/File:Sumatra_Locator_Topography.png
Grouchier, C & Walton, L. 2013. The maritime world: The Atlantic, Pacific and Indian Ocean World. Vol 2. London & New York.
Deirdre M. Warner-Kramer & Krista Canty, Stateless Fishing Vessels: The Current International Regime and a New Approach, (2000).
The alleged offence committed in the present case relates to the conservation of the fishery resources in the exclusive economic zone (illegal fishing of toothfish). It was argued that the only offence committed by the Master of the vessel was his failure to notify its entry into the EEZ of the Kerguelen Islands and the tonnage of fish it carried on board, and that the vessel did not fish in the said zone. The Tribunal then applied various factors to the present case, (gravity of the alleged offences, range of penalties imposable under French law, value of the Monte Confurco and of the fish and fishing gear seized). The Tribunal found that the bond of 56,400,000 FF imposed by the French court was not reasonable pursuant to article 292 of UNCLOS. The Application concerning the allegation of non-compliance with article 73, paragraph 2, of UNCLOS was admissible and the allegation well-founded. The Parties were in disagreement whether the Master of the vessel was in detention. The Tribunal noted that the Master was not in a position to leave Réunion and considered that, in the circumstances of the case, it was appropriate to order the release of the Master in accordance with article 292, paragraph 1, of
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power to bind countries .
Raiskin, Judith L., ed. Wide Sargasso Sea: Backgrounds, Criticism. New York: W.W. Norton, 1999. Print.