Archipelagic Sea Lanes Passage Research Articles

Different Pacta or Different Servanda? Grey-Zone Lawfare and Law of the Sea-Based Passage and Operational Rights

This article examines the vulnerability of the law of the sea to grey-zone lawfare based on the maxim pacta sunt servanda, arguing that this rule can readily be employed as a means of lawfare. Through the broad lenses of (1) passage and operational rights in sovereign waters and (2) exclusive economic zone (EEZ) operational rights, the susceptibility to grey-zone lawfare stratagems and tactics based on both “different pacta” and “different servanda” claims are examined. To this end, the specific issues leveraged to illustrate these uses of the different available pacta strategies in grey-zone lawfare at sea are archipelagic sea lanes passage through neutral archipelagic waters, and due regard in respect of third state operational rights in the EEZ. The analysis of each of these contexts then facilitates assessment of the methodology and rule-source tactics that can be exploited when employing pacta sunt servanda as a means of lawfare in respect of grey-zone operations at sea.

Navigational Rights in Archipelagic Waters

The United Nations Convention on the Law of the Sea of 1982, through the institutions of the right of innocent passage, the right of transit passage, and the right of archipelagic sea lanes passage, defines the rules for the navigation of foreign-flagged vessels, including warships, in territorial waters (internal waters, territorial sea, and archipelagic waters). The paper analyses the concept of archipelagic waters, the right of innocent passage within Archipelagic Waters, and the right of archipelagic sea lanes passage, respectively. How vital for the global economy and security are archipelagic waters with navigational rights and overflight on them exemplify waters of Indonesia, where nowadays shipping accounts for approximately 50% of total world trade (including Malacca and Singapore Strait, from the Indian Ocean to the Far East), and is rapidly growing.

WHAT IS THE RIGHT, ARCHIPELAGIC SEA LANES AND PASSAGE? (ACCORDING TO UNCLOS 1982 AND PRACTICE)

The Right, Archipelagic Sea Lanes, and Passage are a new concept in international law of the sea, which only exists and applies to archipelagic states. This concept was born as a result of world recognition of the existence of an archipelagic state. Indonesia is the only archipelagic state in the world to apply this concept. Therefore, using doctrinal research will be studied of definition, historical background, and law regarding the concept of the archipelagic sea lanes, which has been approved by the United Nations Convention of the Law of the Sea 1982 (UNCLOS 1982). This paper also describes all states’ rights to cross the archipelagic sea, archipelagic sea lanes passage as a lane, passage as an activity to get through from one and another part of the high seas, or exclusive economic zone.

MENENTUKAN BATAS NEGARA GUNA MENINGKATKAN PENGAWASAN, PENEGAKAN HUKUM, DAN KEDAULATAN NKRI

<p><em>In order to assure the control and the law enforcement as well as the sovereignty of a state in a border area, they will have first of all determine the borderline of the states, preferably with the neighboring states as the case maybe. Indonesia is very conscious of determining its borders with its neighbors, either on land or at sea and in the air, as well as in the seabed area (continental shelf) beyond its territorial sovereignty. Therefore, it has to determine a number of maritime borders with different rights and obligations, such as internal waters, archipelagic waters, territorial sea, contiguous zones, economic zones, and continental shelf/margin. In addition, in view of its strategic location, it has also to determine the location or the archipelagic sea lanes in order foreign vessels to be able to exercise the right of archipelagic sea lanes passage in addition to the right of innocent passage.<strong> </strong>Moreover, being an archipelagic state with a very large and intensive process of decentralization, Indonesia also has to deal with the problems of boundaries between the various provinces in the country either maritime or land boundaries.<strong></strong></em></p><p><em> </em></p><p><strong><em>Keywords: </em></strong><em>maritime boundaries, agreements with neighboring states, different kind of maritime boundaries</em><em>.<strong></strong></em></p>

The Responsibilities Between Providing Archipelagic Sea Lanes Passage and Protecting Marine Environment: A Case in Republic of Indonesia

State responsibility in international law is only charged to an independent state. Such responsibility can be created due to the rules of international law regarding the state responsibility and numerous important agreement signatories. Part XII of LOSC 1982 clearly states that “States have the obligation to protect and preserve the marine environment”. On the other hand, agreement might cause the issue of state responsibility, such as archipelagic sea-lanes in Indonesia. The obvious issue has raised serious problem, for instance, overlapping responsibility handled by the government of Indonesia under its implementation. On one side, Indonesia must preserve the marine environment by setting the marine protected areas (MPA). At the same time, Indonesia must ensure the existence of archipelagic sea lanes (ASLs), including its legality for international shipping. This make Indonesia face a dilemma, since its territorial seas also lies withincoral triangle. The recent solution undertaken by the government is prioritizing the existence of ASLs amongst with the rights of cross voyage, taking into account that ASLshave been set out prior to MPAs as well as the recognition of the sovereignty of archipelagic state created at the same time with the obligation of guaranteeing the right of crossing the ASLs. Thus, a plan for designating environmental protection area withASLs, the assignment should not interfere with it. Therefore, to accommodate both interests, The Indonesian government must immediately deliver to the International Maritime Organization (IMO) regarding the condition of marine environment in which ASLP is closely confronted with MPAs to regulate special arrangements when the ships cross the area

STUDY OF THE RIGHT OF FOREIGN SHIP AGAINST STATE SOVEREIGNTY (CASE STUDY INDONESIA)

Recognition of the archipelagic concept accommodated in chapter IV United Nations Conventions Law of The Sea (LOSC) 1982. The implication of this recognition is archipelagic states have sovereignty for their marine space. There are 3 zonation in sea sovereignty, that are inland water, territorial waters and archipelagic water. However, only in inland water that archipelagic states has full sovereignty such as on land, while another zone, it has followed by other states rights, One of which is right of passage. The right of another state passage is consisted by right of innocent passage, right of archipelagic sealine passage and there is also right of transit passage, which one all of that right of passage are depending on zones depending on the zone that is crossed. Talked about archipelagic sea-lanes passage (ASLP), Indonesia has to determine 3 archipelagic sea lanes passage and the consequence that all foreign ships should pass over that routes. For that reason, in this paper will discuss Indonesian sea sovereignty zone and right another state inside, along with implications for Indonesia after determination of archipelagic sealine passage.

PENEGAKAN HUKUM DI KAWASAN ALUR LAUT KEPULAUAN INDONESIA (ALKI) MENURUT KONSEPSI HUKUM INTERNASIONAL DAN HUKUM NASIONAL INDONESIA

Indonesia is an archipelago consisting of 17,504 islands with the second longest coastline in the world after Canada. Indonesian territory that stretches from Sabang to Merauke composed of 1/3 and 2/3 of the ocean and the mainland after Indonesia ratified UNCLOS in 1982. Based on Law No. 17 of 1985, the extent to 7.9 million km2 comprising of 2 million km2 of land and 5.9 million km2 of ocean. Because Indonesia has good sea area that is subject to the sovereignty and are subject to or falls below the rights and territorial region. In addition to have ratified the Convention on the Law of the Sea 1982 (UNCLOS) Indonesia has also been transformed into Law No. 6 of 1996 and the subsequent Indonesian Government Regulation No. 37 of 2002 on the rights and obligations of foreign ships and aircraft in exercising the right of archipelagic sea lanes passage through archipelagic sea lanes set. Government Regulation No. 38 of 2002 also enhance the rules on listing Baselines of Indonesia where the establishment of ALKI also based on Law No. 17 of 1985 in addition to the Law No. 43 Year 2008 on the territory of the State as well as for guidance in enforcing the law in the territory of the Republic of Indonesia. Importance of the sea in the relations between nations led to the important role of international maritime law, because of the law, among others define the limits of state sovereignty coastal or island states in managing and utilizing sea space especially sea area under the sovereignty such as the territorial sea and archipelagic waters, Archilepagic Sea island nation is the right to give a right of passage for vessels in exercising the right of archipelagic sea lanes passage through predefined. In addition to the island nation that has the right to ensure the safety of crossing ALK passer, passer also have rights and obligations if doing track in the archipelagic sea lane, while respecting the legal provisions in force nationally in a State.

Legal and Technical Issues on Designating Archipelagic Sea Lanes Passage: Indonesia Experience

Legal and Technical Issues on Designating Archipelagic Sea Lanes Passage: Indonesia Experience

Legal and Technical Issues on Designating Archipelagic Sea Lanes Passage: Indonesia Experience

The archipelagic sea lanes passage is a new regime of navigation. There is no much provision in the LOSC2, international law, or guidance from the international organization in how to designate an archipelagic sea lanes passage. Indonesia experienced that there are many issues left in designating the passage such as what constitute normal routes, how to apply the ten per cent rule, how to depict the axis lines, how to treat the non designated routes, what constitute ‘normal mode’. The issues also reflected in the provisions of the Indonesian Government Regulation. Although the precise form of this new navigation system has not been fully worked out, the designation of the Indonesian archipelagic sea lanes passage brings Indonesia one step closer to implementing its right over and accepting its responsibilities for its archipelagic waters. The purpose of this paper is to provide an overview of the legal and technical issues in designation of archipelagic sea lanes passage based on the Indonesia experience.

The East/West Archipelagic Sea Lanes Passage Through the Indonesian Archipelago

The Law of the Sea Convention (LOSC) contained a number of new navigational rights of which archipelagic sea lanes passage was but one. There had previously been no established rules under international law for passage through mid-ocean archipelagos. This article explains about the East/West Archipelagic Sea lanes passage through the Indonesian Archipelago.

The Regimes of Archipelagic Sea Lanes Passage and Straits’ Transit Passage – Similarities and Differences

The Regimes of Archipelagic Sea Lanes Passage and Straits’ Transit Passage – Similarities and Differences

Innocent, transit, and archipelagic sea lanes passage

Abstract This paper discusses the legal problems surrounding international straits and the law of the sea which seem to come down to three main questions: 1. Can non‐signatory, non‐ratifying states to the 1982 Convention on the Law of the Sea enjoy the codified and guaranteed rights of innocent, transit, and archipelagic sea lanes passage? 2. What are the legal rights of coastal/straits and archipelagic states to regulate innocent, transit, and archipelagic sea lanes passage? 3. Are the concepts of innocent, transit, and archipelagic sea lanes passage part of customary international law?