The New Law of the Sea and Development in Southeast Asia

Abstract

Since the beginning of the Third Conference on the Law of the Sea (UNCLOS III) in 1973, nations have worked together under the auspices of the United Nations in an unprecedented collective attempt to develop an equitable international rule for a broad range of oceanrelated issues. After years of intensive negotiation and consensus-building, a comprehensive package deal has gradually emerged. Despite the recent major change in the negotiation position of the U.S. and the dissatisfaction of some countries over some specific articles of the new Convention, many of the new or newly defined concepts evolved from UNCLOS III have gained acceptance either through international practice or by unilateral proclamation and enforcement. UNCLOS III finally concluded its negotiations on April 30, 1982. The new Convention was adopted by an overwhelming majority of the more than 140 delegations, including all those from Southeast Asia. Since some of the major concepts deal directly or indirectly with jurisdiction over resources, their enactment will have enormous impact on a country's national development. It is therefore essential, especially for the developing countries, to identify these new concepts and jurisdiction and to examine their effects or possible effects on resources and development if the advantages are to be maximized and the adverse effects mitigated. Because of the transnational nature of the ocean-related issues, conflicts and misunderstanding can easily arise-especially among neighboring countries-over implementation, interpretation, and enforcement of the new law of the sea.