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Legal Implications of the South China Sea Award for Maritime Southeast Asia

Legal Implications of the South China Sea Award for Maritime Southeast Asia Legal Implications of the South China Sea Award for Maritime Southeast Asia Tara Davenport I. Introduction Southeast Asia, consisting of the ten Member States of the Association of Southeast Asian Nations (ASEAN), has always been a uniquely maritime region. Indeed, its maritime nature has been characterised as the ‘first and primary unifying factor of 2 3 Southeast Asia’. Nine out of the ten ASEAN States are coastal States, with the Philippines and Indonesia being the world’s largest archipelagic States. From the 1960s, newly independent Southeast Asian States, free of their colonial heritage, wishing to have control over their ocean resources and bolstered by ongoing negotiations of the Third UN Conference on the Law of the Sea, began to make maritime claims in the waters adjacent to their coasts. However, the congested coastal geography characterised by the presence of ‘gulfs that penetrate deeply into the mainland, a multitude of large and small islands and wide and narrow [continental] margins’, meant that nearly all Southeast Asian waters were enclosed in overlapping claims of territorial seas, exclusive economic zones (EEZs) and/or continental shelves. These overlaps have generated ‘disputes, and even conflicts, that would not have arisen in a diffuse region such as http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Legal Implications of the South China Sea Award for Maritime Southeast Asia

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-034-01-900000007
Publisher site
See Article on Publisher Site

Abstract

Legal Implications of the South China Sea Award for Maritime Southeast Asia Tara Davenport I. Introduction Southeast Asia, consisting of the ten Member States of the Association of Southeast Asian Nations (ASEAN), has always been a uniquely maritime region. Indeed, its maritime nature has been characterised as the ‘first and primary unifying factor of 2 3 Southeast Asia’. Nine out of the ten ASEAN States are coastal States, with the Philippines and Indonesia being the world’s largest archipelagic States. From the 1960s, newly independent Southeast Asian States, free of their colonial heritage, wishing to have control over their ocean resources and bolstered by ongoing negotiations of the Third UN Conference on the Law of the Sea, began to make maritime claims in the waters adjacent to their coasts. However, the congested coastal geography characterised by the presence of ‘gulfs that penetrate deeply into the mainland, a multitude of large and small islands and wide and narrow [continental] margins’, meant that nearly all Southeast Asian waters were enclosed in overlapping claims of territorial seas, exclusive economic zones (EEZs) and/or continental shelves. These overlaps have generated ‘disputes, and even conflicts, that would not have arisen in a diffuse region such as

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 2017

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