Publication Year: 2018
Offshore Archipelagos Enclosed by Straight Baselines: An Excessive Claim?
Abstract: This article examines the conclusion in the decision of the Arbitral Tribunal in the South China Sea Case that straight baselines may not be used to enclose off-shore archipelagos unless they meet the criteria set out in Articles 46 and 47 of the Law of the Sea Convention.
[Article 7 of UNCLOS relates to the use of straight baselines in delineating maritime territory. Article 46 of UNCLOS defines “archipelago” and “archipelagic State.” Article 47 of UNCLOS relates to the use of archipelagic baselines in delineating maritime territory. – RPI]
Publication Year: 2018
The Expansion of and Changes to the National Coast Guards in East Asia
Abstract: East Asian countries have vigorously engaged in a buildup of the capabilities of their coast guards. This has been driven in part by the need to protect their maritime jurisdiction in the face of numerous maritime disputes. The coast guards in East Asia serve as the front-line defender of sovereignty and maritime claims.
Publication Year: 2019
Due Diligence and Overlooked Evidence in the South China Sea Arbitration: A Note
Abstract: In the South China Sea Arbitration, the Tribunal decided that China had not breached the due diligence obligation to protect and preserve the marine environment under Articles 192 and 194(5) of the United Nations Convention on the Law of the Sea concerning Chinese fishers fishing with explosives, but that China had breached the same obligation regarding Chinese fishers harvesting endangered species. This article looks at how the Tribunal interpreted and applied the due diligence obligation and argues, from a Chinese perspective, that there were facts overlooked by the Tribunal that China could have presented to counter the evidence of the Philippines, which might have been enough to affect the decision on destructive fishing had China participated in the Arbitration.
[Article 192 of UNCLOS reads: “States have the obligation to protect and preserve the marine environment.” Article 194(5) of UNCLOS reads: “The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life.” -RPI]
Publication Year: 2019
Jurisdiction Over Underwater Cultural Heritage in the EEZ and on the Continental Shelf: A Perspective From the Practice of States Bordering the South China Sea
Abstract: The Chinese initiative of constructing the 21st Century Maritime Silk Road could be identified as a new chance to promote the protection of underwater cultural heritage (UCH) in the South China Sea. However, uncertainties concerning the jurisdictional issue over the UCH in the exclusive economic zone (EEZ) or on the continental shelf constitute an obstacle. The Convention on the Protection of Underwater Cultural Heritage has, to some extent, enlarged the coastal state’s jurisdiction. State practice differs on this issue. This article focuses on the domestic legislations of states bordering the South China Sea related to the jurisdiction over UCH found in their EEZ or on their continental shelf.
Publication Year: 2019
The Interpretation of Article 121(3) of UNCLOS by the Tribunal for the South China Sea Arbitration: A Critique
Abstract: The interpretation of Article 121(3) of the 1982 U.N. Convention on the Law of the Sea (UNCLOS) was a key part of the Sino-Philippine Arbitration on the South China Sea Award issued in July 2016. This article uses the principles of treaty interpretation codified in Article 31 of the 1969 Vienna Convention on the Law of Treaties to evaluate the interpretation process. The Tribunal paid little attention to the text such as “rocks” in the plural form and overlooked the context of Article 121(3). The travaux préparatoires identified by the Tribunal was based on materials of doubtful weight.
[Article 121(3) of UNCLOS reads: “Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.” – RPI]
Publication Year: 2019
Asia Rising: Ships of State?
Abstract: The commercial-strategic linkages and state support for PRC port and shipping ventures resemble a twenty-first-century version of the Dutch East India Company. These notionally commercial enterprises operate globally with the full financial and military backing of their home state, and the vessels that connect the ports are “ships of state,” functioning as instruments of Chinese national strategy while they sail as commercial carriers.
Publication Year: 2018
“Getting Serious about Strategy in the South China Sea”: What Analysis Is Required to Compel a New U.S. Strategy in the South China Sea?
Abstract: China’s extensive island-building projects in the Spratly Islands, the aggressive harassment tactics of its maritime law-enforcement and paramilitary fleets, and its rejection of binding arbitration rulings on both those activities threaten the rules-based international order and pose political, economic, and potentially military threats to U.S. interests in the region.
Abstract: Sovereignty in the maritime domain is governed by the international laws and conventions, particularly the United Nations Convention on the Law of the Sea (UNCLOS). Maritime sovereignty is deeply contested and the view on it is diverse. While the idea of continental sovereignty got cemented over time, the concept of maritime territorial sovereignty remained fragile until the conclusion of UNCLOS negotiations in 1982. Although China was a part of the negotiating process and has ratified the Convention, its actions in the South China Sea (SCS) have frequently contravened with the UNCLOS. This paper argues, by employing the principles of sovereignty theory, that even though China has discarded the Permanent Court of Arbitration’s (PCA) ruling in the case of The Republic of the Philippines vs The People’s Republic of China, the ruling has set up a clear precedent, which shall be a cornerstone for future references on sovereignty issues in the maritime domain. Full text available here.
Abstract: India’s maritime philosophy has been clearly outlined in both literature, and practice. From a defensive realist perspective, India’s approach to the high seas has brought home various advantages and elevated the country to the status of a major naval power in its region. Despite this prowess, in view of the globalised times and dynamically changing geopolitical scenarios unfolding to its East, India’s interpretation, methods of evaluation, and implementation of its policies, all need to evolve. This paper sheds light on the growing strategic importance-of the South East Asian Regional Complex, as also on the developmental vacuum in this Regional Complex, with specific focus upon Indonesia. The authors aim to address two fundamental questions —“How should India’s relations with Indonesia evolve?”, and, “In what manner should it evolve?”. Indonesia’s role in India’s maritime objectives is a central one and the evolving variables in India’s defensive realist approach places this South East Asian country right at the core of New Delhi’s interests. Full text available here.
Abstract: Maritime trade is a key contributor to economy in many countries particularly those that are bordering on oceans. Sri Lanka is geographically located in proximity to the main East-West sea route creating multiple logistics advantages to the adjunct countries. This paper considers the maritime trade dependence between Bangladesh, Myanmar and Sri Lanka that focuses on potential implications and a futuristic view. The paper primarily provides an appraisal of maritime trade about Bangladesh, Myanmar, and Sri Lanka. Thereafter, it identifies the historical connections between these countries and discusses the related developments and implications in the maritime industry. It consists of a review and comparison of shipping performance of the countries and an appraisal of Logistics Performance. In addition, it provides an indication of the global perception about other key factors pertaining to logistics and transport. Port project developments, One Belt One Road Initiative, maritime security, risk of Cyber-attacks, a rule based maritime order, trade and investment, transport, energy, and tourism are other factors that are highlighted in this paper. Full text available here.
Abstract: At a time when there are instances of lack of participation in binding dispute resolution mechanisms under the UNCLOS, the Bay of Bengal Arbitrations provide a ray of hope and adherence to the rule of law. The three Bay of Bengal States: Bangladesh, India and Myanmar settled their long standing disputed claims over the maritime zones in the Bay of Bengal in a peaceful manner. These cases represent that States relatively stronger on the political level as compared to others are willing to compromise their positions and adhere to the outcome of dispute resolution proceedings under the UNCLOS. These cases involved sensitive issues such as the determination of the land boundary terminus, based upon the reports and other proceedings relating to the partition of India. There were other controversial claims over certain islands, which too were presented for adjudication and the decision was thereafter complied with all the parties to the dispute. These cases thus constitute a prime example of the importance of adherence to a rule based system for maritime claims. Full text available here.
Abstract: This paper reviews the existing multilateral structures in the Indian Ocean Region (IOR) – notably the Indian Ocean Rim Association (IORA) – in the context of various geopolitical facets, ranging from geoeconomics to regional security and good order. It examines and recommends options to bolster economic multilateralism in the IOR though a comprehensive two-fold approach. The first one seeks to enhance intraregional trade, maritime–economic connectivity, and technology sharing, delving into issues relating to a region-wide free trade agreement (FTA), the amalgamation of economic corridors within IORA, and the “Make in India” initiative. The second is founded upon the indispensability of a secure and conducive maritime environment for economic development, and addresses maritime safety and security (MSS), as also “good order” in the IOR. It suggests measures to bolster the IORA’s nascent MSS architecture with a web of bilateral, trilateral and subregional mechanisms, emphasising the Indian Ocean Naval Symposium (IONS) as the key functional enabler of IORA’s MSS agenda. It also examines the imminent challenges relating to freedom of navigation (FoN), and undertakes an appraisal of Sri Lanka’s draft Code of Conduct (CoC) for the Indian Ocean. The arguments presented hinge upon the suggestion that the collective approach of the IOR countries should ideally be in consonance with India’s prime-ministerial enunciation of the concept of SAGAR – security and growth for all in the region. If each Indian Ocean country’s economy is a “boat”, the Indian “boat” cannot rise unless all “boats” rise with a rising economic tide. Full text available here.
Abstract: This paper seeks to identify potential energy security risks and opportunities of new renewable energy (RE) export projects such as transnational solar generated electricity. An energy security framework/index is sought, to facilitate analysis; and which shows promise for application to other electricity/RE export projects. A review of energy security literature identifies Sovacool and Mukherjee’s (2011) [1] comprehensive index as most suitable to apply to a case study project (in its early feasibility stage). The project proposes to export solar-generated electricity from the Pilbara, Western Australia to Java, Indonesia. Additions to the chosen index are proposed, strengthening its scope regarding human security, geopolitical/foreign policy, and materials risks. Analysis identifies key potential risks and opportunities, and gaps in the project’s currently scarce analysis. The project’s primary risks may arise in the regulation and governance dimension. These include Australia’s stalled energy politics; required new business and regulatory frameworks; and the under-developed Australia-Indonesia trade relationship, partly due to historical cultural differences. Questions arise regarding price stability, affordability, access and equity for Indonesians; reliability and resilience risks; and environmental impacts. While potentially positive outcomes may arise for local (Indigenous) Australian communities, more analysis is needed on whether Australian investment in exports should prioritize (or equalize) large-scale electricity grid infrastructure and/or distributed energy systems, when considering impacts on Indonesian communities. Ultimately, the expanded index can inform development of new transnational renewable energy and electricity projects, and improve forward-thinking on risk management. Full text available here.
Description: During the Cold War, the U.S. built a series of alliances with Asian nations to erect a bulwark against the spread of communism and provide security to the region. Despite pressure to end bilateral alliances in the post-Cold War world, they persist to this day, even as new multilateral institutions have sprung up around them. The resulting architecture may aggravate rivalries as the U.S., China, and others compete for influence. However, Andrew Yeo demonstrates how Asia’s complex array of bilateral and multilateral agreements may ultimately bring greater stability and order to a region fraught with underlying tensions.
Asia’s Regional Architecture transcends traditional international relations models. It investigates change and continuity in Asia through the lens of historical institutionalism. Refuting claims regarding the demise of the liberal international order, Yeo reveals how overlapping institutions can promote regional governance and reduce uncertainty in a global context. In addition to considering established institutions such as the Association of Southeast Asian Nations and the Asia-Pacific Economic Cooperation, he discusses newer regional arrangements including the East Asia Summit, Trans-Pacific Partnership, and the Belt and Road Initiative. This book has important implications for how policymakers think about institutional design and regionalism in Asia and beyond.
Description: In recent years the narrative surrounding China’s “peaceful rise” has given way to a more ominous story of friction, ambition, and great-power rivalry. As Chinese foreign policy has grown more nationalist and assertive, its intensifying competition with the U.S. has assumed center stage. The impact on China’s neighbors, by contrast, and their evolving responses, have received comparatively less attention.
The Realist theory of international relations suggests the rapid accumulation of power by one nation-state will prompt its neighbors and peers to adopt Balancing strategies. They will strive to enhance their internal defense capabilities and forge new external security partnerships to hedge against this potential new threat. Have these predictions rung true? Are key Indo-Pacific capitals Balancing, and drawing closer to the U.S. as insurance against Chinese aggression? Or is China a new breed of rising power, challenging traditional theories of international relations in a newly-globalized, economically interdependent world?
