25 years of the rule of law at sea

The past few weeks have been a tough challenge for Indonesian diplomacy at sea. The illegal, unreported and unregulated (IUU) fishing by Chinese fishing vessels, which were escorted by the Chinese Coast Guard, in Indonesia’s Natuna Sea has provoked tensions between Indonesia and China.

This incident has resulted in massive media attention, and the public in Indonesia seems to now have become more aware of how important the rule of law at sea is — not only for the maintenance of the country’s sovereignty but also for the protection of fisheries and natural resources under Indonesian sovereign rights in its Exclusive Economic Zone (EEZ).

The United Nations Convention on the Law of the Sea (UNCLOS) is well known as a constitution for the ocean. It has provided the rules of the game for nearly all activities at sea, from state jurisdiction, protection of the marine environment and freedom of navigation to maritime scientific research.

Currently, 167 out of 195 countries are parties to the convention. The parties’ number makes the convention the second most important international agreement after the United Nations Charter. The United States is among the countries that have reservations about the convention regarding part XI on the management of the international seabed.

The United Nations Conference on the Law of the Sea was tabled for negotiations among the members of the world community in the post-colonisation period. It has represented the interests of most developing states significantly. Geographically disadvantaged states and archipelagic states benefit from the convention. Moreover, the convention also introduced the international seabed as a common heritage of mankind, where all states have some rights to apply and utilise the resource.

For Indonesia, the convention has become one of the landmark achievements of the country’s diplomatic history. Thanks to the convention, Indonesia’s territory has more than doubled. All of the seas between all the Indonesia archipelagic islands which were formerly regarded as the high seas have come under Indonesian sovereignty under the archipelagic waters regime.

Moreover, the convention has also addressed the problem of piracy which for hundreds of years has posed a serious problem for Indonesia, particularly in the area stretching along the Strait of Malacca and the Sulu Sea. Even though the convention categorises piracy as an international crime, and stipulates that all states have the jurisdiction to crack down on pirates, that is easier said than done.

This year remarks the 25th year since the convention came into force in 1994. And the world seems to need the convention as never before with regard to all of the ongoing uncertainties from the South China Sea dispute, marine pollution and navigational issues to other challenges. For instance, some new technologies such as sea drones and unmanned vessels, both for military or non-military purposes and scientific and research use have not yet been addressed by the convention.

Marine plastic has also become a prime concern for the international community. A report from the Ellen MacArthur Foundation in partnership with the World Economic Forum predicts that by 2050 the oceans could have more plastic than fish and that is a threat for the sustainability of ocean resources. This is a genuinely serious problem that our oceans face.

Therefore, it is one of the responsibilities of our generation to think and respond to all these challenges through a solid and firm legal framework and endeavour to make the convention a more effective and relevant mechanism to deal with the challenges of new global issues.

That being said, this 25th anniversary of the convention is the best time not only to reflect on what the convention has been through over the past 25 years but to look further ahead to see what the future challenges are and what our generation can do to ensure the sustainable use of the ocean.

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Thanks to the convention, Indonesia’s territory has more than doubled.

Aristyo Rizka Darmawan and Arie Afriansyah are lecturer and researcher at the Center for Sustainable Ocean Policy at the Faculty of Law. The piece is a prelude to the ‘25th UNCLOS Anniversary Seminar’ which takes place today in Jakarta.