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UNCLOS and Its Limitations as the Foundation for a Regional Maritime Security Regime
( Sam Bateman ) 한국국방연구원 2007 The Korean Journal of Defense Analysis Vol.19 No.3
The 1982 UN Convention on the Law of the Sea (UNCLOS) provides the foundation for an effective regional maritime security regime. However, this large and complex Convention is not without its limitations. There are many examples of apparent non-compliance with its norms and principles, and the United States, as a key player in regional maritime security, is not a party to it. The root causes of problems in East Asia lie in basic conflicts of interest between regional countries on law of the sea issues, the "built-in" ambiguity of UNCLOS in several of its key regimes, and the geographical complexity of the region. This paper discusses key limitations of UNCLOS; particularly the use of territorial sea baselines, navigational regimes, exclusive economic zones (EEZs), and some other issues covered by the Convention, such as piracy, hot pursuit and the responsibilities of flag states. The paper concludes that uncertainty in the law of the sea may grow and that state practice in East Asia, under the influence of domestic politics and regional tensions, may well continue to diverge from more traditional views of the law. The United States, in particular, may find increasing difficulty in maintaining its strict interpretation of navigational regimes and coastal state jurisdiction. East Asia will be critical in shaping developments with the international law of the sea of the future. The challenge in building an effective regional maritime security regime is to recognize the limitations of UNCLOS and to negotiate a regional consensus on aspects of the Convention that are less than clear or where differences of view exist.
Regional Responses to Enhance Maritime Security in East Asia
( Sam Bateman ) 한국국방연구원 2006 The Korean Journal of Defense Analysis Vol.18 No.2
There is a high level of maritime activity in East Asia at present, with considerable concern for the security of sea lines of communication (SLOCs) against the threats of piracy and maritime terrorism. Maritime security is high on the agenda of regional summits and conferences, and the last few years have seen a range of new measures, both global and regional, aimed at enhancing maritime security. The measures include much higher levels of cooperation among neighboring countries to maintain law and order at sea, including in areas where previously disputes have existed over maritime sovereignty. These are all extremely positive developments, or "building blocks," that give considerable hope for long-term maritime security and stability in the region with expectations that the East Asia Summit (EAS), which held its first meeting in December 2005, will provide the opportunity for greater clarity and coordination of regional responses. However, significant "stumbling blocks" remain, not least of all the apparent competition for maritime hegemony between the three major sea powers of the region-China, Japan and India-and longer-term consequences of the current high levels of naval spending in the region.