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Maritime Security Challenges in Southeast Asia: Analysis of International and Regional Legal Frameworks

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Maritime Security Challenges in Southeast Asia: Analysis of International and Regional Legal Frameworks University of Wollongong Research Online University of Wollongong Thesis Collection 1954-2016 University of Wollongong Thesis Collections 2016 Maritime Security Challenges in Southeast Asia: Analysis of International and Regional Legal Frameworks Ahmad Almaududy Amri University of Wollongong Follow this and additional works at: https://ro.uow.edu.au/theses University of Wollongong Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part of this work may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of the author. Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong. Recommended Citation Amri, Ahmad Almaududy, Maritime Security Challenges in Southeast Asia: Analysis of International and Regional Legal Frameworks, Doctor of Philosophy thesis, School of Law, University of Wollongong, 2016. https://ro.uow.edu.au/theses/4863 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Maritime Security Challenges in Southeast Asia: Analysis of International and Regional Legal Frameworks A thesis submitted in fulfilment of the requirements for the award of the degree Doctor of Philosophy from University of Wollongong Ahmad Almaududy Amri S.H., M.H., M.Si. Bachelor of Laws (International Law), University of North Sumatra Master of Laws (Business Law), University of Gadjah Mada Master of Science (International Relations), University of Indonesia Australian National Centre for Ocean Resources and Security University of Wollongong 2016 CERTIFICATION I, Ahmad Almaududy Amri, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Ahmad Almaududy Amri 22 December 2015 ii ABSTRACT The unique maritime geography of the Southeast Asian region presents distinct maritime security threats. Southeast Asia has a vast maritime area and the ocean plays an important role in the economy of all Southeast Asian countries. The flow of trade in this region is highly dependent on maritime trade and constitutes one of the main sources of national income. Analyses of the prevailing international and regional legal frameworks governing maritime security threats in Southeast Asia are elaborated in this thesis. Moreover, the thesis confines the scope of its inquiry specifically to five issues: piracy, maritime terrorism, people smuggling, IUU fishing, and marine pollution caused by offshore oil and gas activities. Furthermore, the thesis examines these maritime security challenges, both from an international and a regional perspective. This thesis analyses the components of the international and regional legal frameworks which govern issues of maritime security in Southeast Asia and identify their weaknesses. It also identifies and addresses the problems which stem from the inherent gaps and weaknesses in legal instruments at the international and regional levels, as well as the measures that are required to remedy these gaps and weaknesses. Furthermore, in circumstances where no binding legal framework is in place to regulate certain maritime security challenges, the thesis examines existing non-binding legal and policy frameworks which address the maritime security challenges. The thesis concludes that the current international and regional legal frameworks are inadequate to address the issues of piracy, maritime terrorism, people smuggling, IUU fishing and marine pollution caused by offshore oil and gas iii activities in Southeast Asia. In order to address these maritime security threats in a comprehensive manner, there is a need for States in the region to cooperate with one another to formulate (and sometimes reformulate) existing legal frameworks. iv ACKNOWLEDGEMENTS I would like to dedicate this thesis to my parents, Abdul Mun’im and Yenny Gaffar, for their endless patience, support and encouragement. I also want to thank my siblings, Fitry Amri, Marwah Fauziah Amri, and Malik Abdul Aziz Amri, for always being my side during all the ups and downs of life. To my primary supervisor, Professor Martin Tsamenyi, I would like to extend my gratitude for his constant encouragement and helpful advice over the years. To my secondary supervisor, Associate Professor Chris Rahman, many thanks for his patience and insightful thoughts during the past three years. To my best friend, Lowell Bautista, thank you for being a good mentor in my PhD journey and making my PhD life meaningful. To my little brother, Irshadi Khairi, thank you for everything especially for all your help in PPIA-UOW. To my new family in Wollongong, Dedi, Saiful, Alim, Indri, Khas, I will always have fond memories of the times we shared together. To my ANCORS friends, Hazmi, Andi, Kamal, Yubing, Carole, Anh, Elly, Daisy, Zaki, Candice, Leo, and all the postgraduate students for all the happy times we have shared. To a very special person close to my heart, my wife, Maulida Hadry Sa’adillah, without whom all this will be meaningless. Also, to my beloved daughter Aishah Sumayyah Almaududy Amri, this is a special gift for you, I hope you can achieve more than this. v TABLE OF CONTENTS CERTIFICATION………………………………………………………………….ii ABSTRACT………………………………………………………………………...iii ACKNOWLEDGEMENTS………………………………………………………...v TABLE OF CONTENTS…………………………………………………………..vi LIST OF FIGURES………………………………………………………………..xii LIST OF TABLES………………………………………………………………...xiii LIST OF PUBLICATIONS AND PAPER PRESENTATIONS MADE DURING CANDIDATURE (2013-2015)…………………………………………xv 1. Introduction……………………………………………………………………….1 1.1 Introduction ..................................................................................................... 1 1.2 Southeast Asia Region .................................................................................... 3 1.2.1 Geographical Description and Profile ...................................................... 3 1.2.2 Limitation of the Region ........................................................................ 13 1.2.3 Complexity of the Region ...................................................................... 13 1.2.4 Maritime Security Threats in Southeast Asia ......................................... 17 1.3 Purpose, Scope and Limitation ..................................................................... 20 1.4 Statement of the Problem .............................................................................. 21 1.5 Thesis Statement ........................................................................................... 22 1.6 Methodology ................................................................................................. 22 1.7 Significance of the Research ......................................................................... 23 1.8 Thesis Structure ............................................................................................. 24 2. Maritime Security in Southeast Asia…………………………………………...27 2.1 Introduction ................................................................................................... 27 2.2 Concept of Security ....................................................................................... 28 2.3 Approaches towards Maritime Security ........................................................ 34 2.3.1 Defining the Term .................................................................................. 34 2.3.2 Threats of Maritime Security ................................................................. 35 2.3.3 Maritime Safety and Maritime Security ................................................. 37 2.3.4 Non-traditional Approach ...................................................................... 37 vi 2.3.5 Geographical and National Interest Approach ....................................... 42 2.4 Regional Architecture ................................................................................... 46 2.5 Maritime Complexity in Southeast Asia ....................................................... 49 2.6 Overview of Maritime Security Challenges in Southeast Asia ..................... 51 2.7 Conclusion ..................................................................................................... 55 3. Maritime Piracy in Southeast Asian Waters…………………………………..56 3.1 Introduction ..................................................................................................
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