THE INCOMING REGIONAL RESPONSE REGIME IN ASEAN

Abstract

ABSTRACT After more than 20 years of work, the Southeast Asian region is poised to finalize a landmark Regional Oil Spill Contingency Plan (ROSCP), which will form a solid foundation for a new regional response regime. The development of a Regional Plan is a commitment made by the ten member states of ASEAN (Association of Southeast Asian Nations) and is currently undergoing internal approval by the ASEAN Maritime Transport Working Group (MTWG) prior to implementation. The ASEAN member states committed to supporting the Regional Plan when the Transport Ministers of each member country signed the Memorandum of Understanding (MoU) on the ASEAN Cooperation Mechanism for Joint Oil Spill Preparedness and Response on November 28, 2014. This MoU is the renewed and revitalized ASEAN Oil Spill Response Action Plan (OSRAP) that was signed in 1994 but was never implemented. The MoU is based on the principles of the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC 1990), specifically Articles 5, 6, 7 and 10. The aim of this paper is to document the historical evolution of the Regional Plan, starting from the early days of ASEAN until 2015 where it was developed by the ten member states. More importantly, this paper will highlight the current status of oil spill preparedness and response regimes in the region and how these will likely integrate into the Regional Plan when it is finally adopted. This will offer a unique perspective on the dynamics of intergovernmental agreements and on the important role of the oil and gas industry in helping governments achieve their goals of preparedness and response through capacity building and other activities, including through the partnership between the International Maritime Organization (IMO) and the Global Oil and Gas Industry Association for Environmental and Social Issues (IPIECA) which manages the Global Initiative for Southeast Asia (GISEA) Programme.