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Archipelagic Sea Lanes Passage and Maritime Security in Archipelagic Southeast Asia Vivien Jane Evangelio Cay World Maritime University

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Archipelagic Sea Lanes Passage and Maritime Security in Archipelagic Southeast Asia Vivien Jane Evangelio Cay World Maritime University World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 2010 Archipelagic sea lanes passage and maritime security in archipelagic Southeast Asia Vivien Jane Evangelio Cay World Maritime University Follow this and additional works at: http://commons.wmu.se/all_dissertations Part of the Defense and Security Studies Commons Recommended Citation Cay, Vivien Jane Evangelio, "Archipelagic sea lanes passage and maritime security in archipelagic Southeast Asia" (2010). World Maritime University Dissertations. 443. http://commons.wmu.se/all_dissertations/443 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. WORLD MARITIME UNIVERSITY Malmö, Sweden ARCHIPELAGIC SEA LANES PASSAGE AND MARITIME SECURITY IN ARCHIPELAGIC SOUTHEAST ASIA by VIVIEN JANE EVANGELIO CAY Republic of the Philippines A dissertation submitted to the World Maritime University in partial fulfilment of the requirements for the award of the degree of MASTER OF SCIENCE in MARITIME AFFAIRS (MARITIME LAW and POLICY) 2010 © Copyright Vivien Jane E. Cay, 2010 DECLARATION I certify that all the material in this dissertation that is not my own work has been identified, and that no material is included for which a degree has previously been conferred on me. The contents of this dissertation reflect my own personal views, and are not necessarily endorsed by the University. Signature : Date : Supervised by: Dr. Maximo Q. Mejia Jr Associate Professor World Maritime University Assessor: Dr. Proshanto K. Mukherjee Vice President (Research) ITF Professor of Maritime Safety and Environmental Protection World Maritime University Co-assessor: Dr. Galo Carrera Commissioner United Nations Commission on the Limits of Continental Shelf i ACKNOWLEDGEMENT The numerous issues affecting the Philippine maritime domain have inspired me to write this dissertation. In accomplishing this task, I depend on the assistance of some great people. I am extremely grateful to Associate Professor Maximo Q. Mejia Jr. my dissertation supervisor for his proper guidance and critical comments on my drafts. I am thankful to my organization, the Philippine Coast Guard for nominating me to pursue masteral studies at WMU. I am also grateful to Dr. Yohei Sasakawa and the Nippon Foundation for the opportunity to study at WMU; to Professor Proshanto K. Muhkerjee for unselfishly sharing his knowledge in international law to the students particularly to MLP Class 2010 and to my two good friends and fellow Coast Guard officers Lt. Cdr. Jun C. Valdez (JAGS) PCG and Lt. Cdr. Fedelyn A. Santos (JAGS) PCG for encouraging me to develop this unfamiliar topic. I would like also to express my gratitude to those who shared unconditional friendship: my buddies Masashi Sugomori and So-Hyun Jo for our three months together in the library; to Aditya Pramana for patiently attending to my computer needs; Ti Phuong Thao Le, Tazril Tarmizi, Arief Risdianto and my Filipino classmates Joey Victoria and Jophs Castillo. To the eleven wonderful people of MLP Class 2010 and to WMU Class 2010. My appreciation to Chief Librarian Chris Hoebeke, Cecilia Denne and Mia Hedin for accommodating my request for research materials. To Anne Pazaver for refining the language. My personal thanks to Prayudi Budi Utomo for walking me through and for always keeping me in the right track; Lastly, to my parents for the never ending support and to my siblings Marlo, Olel, Bebe, We, Sheila and Ob for always believing in me. All praises to the Father Almighty! ii ABSTRACT Title of Dissertation: Archipelagic Sea Lanes Passage and Maritime Security in Archipelagic Southeast Asia Degree: Master of Science This dissertation examines the regimes of archipelagic waters and archipelagic sea lanes passage in the context of the two primary proponents of the archipelagic principle in the United Nations Convention on the Law of the Sea, in light of new developments in maritime security. The assessment undertaken in this dissertation deals with the unprecedented efforts of the Philippines and Indonesia to persuade the international community to recognize the archipelagic concept, that a group of islands and the waters around, between and connecting the islands belong to one state should be treated as one single entity for the purpose of delimiting the maritime zone to achieve prosperity and development free from external pressure. In order to uphold the traditional freedom of navigation of the international community in seeming opposition to the concept, the right of archipelagic sea lanes passage through archipelagic waters was granted to foreign vessels. This concession was given for purposes of reconciling the conflicting interests in a manner acceptable to all concerned. Chapter IV highlights the experience of Indonesia, as the first archipelagic state to designate archipelagic sea lanes passage while Chapter V looks at the concerns of the Philippines with regard to the issue of designating such sea lanes. The concluding chapters contain an analysis of the factors influencing the designation and the exercise of the right of archipelagic sea lanes passage, and an iii assessment of whether the compromise results in a balance. Relevant recommendations are made with regard to Indonesia and the Philippines. KEYWORDS: Archipelago, Archipelagic States, Archipelagic Waters, Archipelagic Sea Lanes Passage, UNCLOS iv TABLE OF CONTENTS DECLARATION --------------------------------------------------------------------- i ACKNOWLEDGEMENT ----------------------------------------------------------- ii ABSTRACT --------------------------------------------------------------------------- iii LIST OF ABBREVIATIONS ------------------------------------------------------- vii LIST OF FIGURES AND TABLES ----------------------------------------------- viii CHAPTER I - INTRODUCTION ----------------------------------------------- 1 CHAPTER II - THE ARCHIPELAGIC REGIME ---------------------------- 9 2.1 Development of the Regime under UNCLOS 1982 ------------- 9 2.2 Concept of Archipelagic State -------------------------------------- 15 2.3 Struggles to Gain Recognition of the Archipelagic Principles ------------------------------------------ 19 CHAPTER III - BOUNDARY SETTING IN RELATION TO SECURITY 24 3.1 Archipelagic Boundary Delimitation ------------------------------- 25 3.2 Introduction of Archipelagic Sea Lanes Passage (ASLP) ------ 30 3.3 Aspects of the Right of Archipelagic Sea lane Passage --------- 33 3.4 Maintaining Territorial Integrity ----------------------------------- 38 CHAPTER IV - INDONESIA’S COMPLIANCE ------------------------------ 40 4.1 The Indonesian Submission ----------------------------------------- 43 4.2 The User States’ Perceptions on Indonesia’s Partial ASLP Designation --------------------------- 46 4.3 Present Interpretation of Archipelagic Sea Lanes Passage ------------------------------------------------ 49 4.4 Factors Affecting the Archipelagic Sea Lanes ------------------ 50 CHAPTER V - THE PHILIPPINES OUTSTANDING CONCERNS ------- 53 5.1 Perspective as an Archipelagic State ------------------------------- 55 5.2 Philippines Archipelagic Sea Lanes Proposal -------------------- 56 v 5.3 Issues Covering the Philippine Proposal -------------------------- 59 5.3.1 Legal Issues -------------------------------------------------- 59 5.3.2 Environmental Issues -------------------------------------- 61 5.3.3 Major Maritime Security Issues -------------------------- 62 CHAPTER VI - MARITIME SECURITY CHALLENGES ------------------ 66 6.1 Facing Maritime Threats --------------------------------------------- 68 6.1.1 Maritime Terrorism ----------------------------------------- 70 6.1.2 Piracy and Maritime Terrorism --------------------------- 71 6.2 Securing Maritime Domain ------------------------------------------ 73 6.3 Advantages of ASLP -------------------------------------------------- 77 CHAPTER VII - CONCLUSION -------------------------------------------------- 80 BIBLIOGRAPHY -------------------------------------------------------------------- 83 ANNEXES Annex 1. Adoption of Amendments to the General Provisions of Ships’ Routeing (RESOLUTION A.572(14), as amended) ---------------- 89 Annex 2. Resolution MSC 72(69) ------------------------------------- 96 Annex 3. Government Decree No. 37/2002 ------------------------- 108 Annex 4. IMB Piracy Prone Areas and Warnings ----------------- 129 Annex 5. IMB Report January - March 2005 to 2010 ------------ 130 vi LIST OF ABBREVIATIONS ASL archipelagic sea lanes ASLP archipelagic sea lanes passage ASL I Archipelagic Sea Lanes Passage I (Indonesia) ASL II Archipelagic Sea Lanes Passage II (Indonesia) ASL III Archipelagic Sea Lanes Passage III (Indonesia) ALKI Alur Laut Kepulauan Indonesia EEZ exclusive economic zone GPASLP General Provisions for the Adaption, Designation and Substitution of Archipelagic Sea Lanes Passage IMB International Maritime Bureau IMO International Maritime Organization MSC Maritime Safety Circular RA Republic Act RECAAP Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia UN United Nations UNCLOS United Nations Convention on the Law of the Sea, 1982 UNCLOS I The First United Nations Conference on
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