The law of the sea and ASEAN states : maritime arrangements of ASEAN states in the Malacca Straits, Gulf of Thailand and the southern South China Sea.
This thesis examines the arrangements and relationship
amongst the member-States of ASEAN - the Association of
South-east Asian Nations (though with less emphasis on
Brunei, which only became the sixth and latest member of the
Association upon its independence in January 1984)
concerning the modern law of the sea issues that can most
affect their national interests and the region directly, and
which have developed particularly through the Third UN Law
of the Sea Conference (UNCLOS III).
Such issues are, first, the question of passage
through the Straits of Malacca and Singapore, which has borne
considerable law of the sea significance even long before
the sixteenth century. Hence, such historical background is
also explored. Secondly, since the Association consists of
the two largest archipelagic States - Indonesia and the
Philippines, considerations are given to the emergent
archipelagic State concept, as recently developed, which is
proved to have profound implications to the ASEAN members.
So is the new concept of exclusive economic zone - an
extended jurisdictional zone for marine living and
non-living resources. The application of both of the latter
concepts in the region will consequently render clear
beneficiary and disadvantaged States among the members of
Search for use of resources in the sea has also led ASEAN States to series of continental shelf boundary
delimitation and one joint development arrangement
agreements. These are analysed in comparison with a close
examination of recent State practice and international
The thesis aims ultimately to demonstrate what roles
the so-called 'ASEAN spirit' have played in influencing the
practice of ASEAN States, their conflict management, their
co-operation and their general outlook regarding such major
law of the sea issues of the region.