New Consensus on Archipelagic Sea Lane Passage Regime over Marine Protected Areas: Study Case on Indonesian Waters

Abstract

Indonesia’s Archipelagic Sea Lanes (ASLs) is the routes of navigation that used to pass through the archipelagic waters and territorial sea of Indonesia. Every state has the right of ASL’s passage. As it is set out in the United Nations Law of the Sea Convention 1982, every foreign ship passes the ASLs is using the normal mode and unobstructed navigation. As the protection to the marine environment is growing, the practice of normal modes and unobstructed navigation will no longer the same. The fact that Indonesia’s ASLs is overlapping with the areas protected under the world Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI-CFF), Indonesia and international community have a common responsibility to protect and conserve such areas while maintaining the right of ASLs at the same time. This study concludes that concept of normal mode and the unobtructive passage is irrelevant for today because the impact of the establishment of the CTI-CFF should follow by special treatment for international navigation when crossing the Indonesia ASL’s area. This special treatment is imperative because of ship speed, machine, ship propulsion, sea flow, junk ship will damage ecosystem of coral reefs and potentially to disrupt sensor of highly migratory fish like whale and dolphin. Therefore, it is argued that new consensus and code of conduct for right of Indonesia ASLs passage is required to facilitate both of international interests.



Author Information
Maria Maya Lestari, Universitas Indonesia, Indonesia

Paper Information
Conference: ACSS2017
Stream: Politics, Public Policy, Law & Criminology

This paper is part of the ACSS2017 Conference Proceedings (View)
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