Law of the Sea in South East Asia: Some Key Military and Security Aspects
This seminar will assess some of the key law of the sea issues that currently exist in South East Asia and related areas of the Asia Pacific, especially in light of the 2016 South China Sea arbitration. This region encompasses all of the maritime states that comprise ASEAN. However, other geographically proximate states and actors such as China, Japan, Korea and Taiwan also have interests in the region, while others have longstanding historical interests or are contemporary actors in the region such as Australia, India, the United Kingdom and, of course, the United States of America.
The seminar takes as its foundation the 1982 United Nations Convention on the Law of the Sea (LOSC) which all state actors in South East Asia adhere to and accept. Most non-signatory States, including the United States of America, recognize nearly all of the LOSC’s key provisions as binding under customary international law. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment.
Specific topics that will be addressed during the seminar include: maritime security (environmental issues and climate change), navigational rights and freedoms (especially the role of navies and non-state actors), resource disputes, and an assessment of the effectiveness of LOSC dispute resolution mechanisms.
This seminar builds upon research the presenters conducted as part of Rothwell/Letts (eds) The Law of the Sea in South East Asia (Routledge: 2019).
About this Lecture
Lectures of Opportunity offer U.S. Naval War College (NWC) students, faculty, and staff an opportunity to learn more about national and international socio-political subjects that may be of relevance to the NWC community.