• Latest
  • Trending
Hard work continues to settle maritime borders

Hard work continues to settle maritime borders

December 14, 2018
Moscow: The Navalny riots

Moscow: The Navalny riots

January 26, 2021
Dutch PM condemns riots as ‘criminal violence’

Dutch PM condemns riots as ‘criminal violence’

January 26, 2021
Trump the Swamp Terror warns “We will be Back”

Trump the Swamp Terror warns “We will be Back”

January 26, 2021
Hockey: Portland NHL pulling faulty pucks

Hockey: Portland NHL pulling faulty pucks

January 21, 2021
U.S. attack on the Capitol: The “Bud Light Putsch”, a watershed moment for America?

Portland Police Charge Demonstrators Destroy Democratic Party Offices

January 21, 2021
U.S. attack on the Capitol: The “Bud Light Putsch”, a watershed moment for America?

U.S. attack on the Capitol: The “Bud Light Putsch”, a watershed moment for America?

January 18, 2021
How Israel’s Likud Party played the long game toward annexation of the West Bank

How Israel’s Likud Party played the long game toward annexation of the West Bank

January 11, 2021
How the Capitol riot exposed our national security blind spots

How the Capitol riot exposed our national security blind spots

January 11, 2021
‘Good riddance,’ says China as Germany leaves UN Security Council

‘Good riddance,’ says China as Germany leaves UN Security Council

December 23, 2020
Indonesian police needs reforms, urgently & not just in Papua

Indonesian police needs reforms, urgently & not just in Papua

December 13, 2020
Chinese honey trap operation?

Chinese honey trap operation?

December 11, 2020
Bali’s villa dream or just another nightmare?

Bali’s villa dream or just another nightmare?

December 5, 2020
citizendaily
  • Asia News
    • Northeast Asia
      • China
      • Japan
    • North Korea
    • Oceania
      • Australia
      • New Zealand
    • South Asia
      • Afghanistan
      • Bangladesh
      • India
      • Pakistan
    • Southeast Asia
      • Indonesia
      • Malaysia
      • Philippines
      • Singapore
      • Thailand
  • World News
    • Africa
    • Europe
      • Germany
      • United Kingdom
    • Latin America
      • Cuba
      • Mexico
    • Middle East
      • Gulf States
      • Iran
      • Iraq
      • Saudi Arabia
      • Syria
    • North America
      • Canada
      • United States
    • Russian Federation
  • Economy
    • Brexit
    • Free Market
  • Politics
    • ASEAN
    • Diplomacy
    • ISIS
    • National Defence & Security
  • Editorial
  • Environment
    • Climate Change
    • Forests
    • Water & Oceans
    • Wildlife & Endangered Species
  • Lifestyle
    • Books & Literature
    • Entertainment
    • Food & Dining
    • Religion
    • Travel
    • Tech
  • Sports
No Result
View All Result
Tuesday, January 26, 2021
  • Asia News
    • Northeast Asia
      • China
      • Japan
    • North Korea
    • Oceania
      • Australia
      • New Zealand
    • South Asia
      • Afghanistan
      • Bangladesh
      • India
      • Pakistan
    • Southeast Asia
      • Indonesia
      • Malaysia
      • Philippines
      • Singapore
      • Thailand
  • World News
    • Africa
    • Europe
      • Germany
      • United Kingdom
    • Latin America
      • Cuba
      • Mexico
    • Middle East
      • Gulf States
      • Iran
      • Iraq
      • Saudi Arabia
      • Syria
    • North America
      • Canada
      • United States
    • Russian Federation
  • Economy
    • Brexit
    • Free Market
  • Politics
    • ASEAN
    • Diplomacy
    • ISIS
    • National Defence & Security
  • Editorial
  • Environment
    • Climate Change
    • Forests
    • Water & Oceans
    • Wildlife & Endangered Species
  • Lifestyle
    • Books & Literature
    • Entertainment
    • Food & Dining
    • Religion
    • Travel
    • Tech
  • Sports
No Result
View All Result
citizendaily
No Result
View All Result

Hard work continues to settle maritime borders

December 14, 2018
in Asia News, China, Editorial, Environment, Featured, Indonesia, Malaysia, Southeast Asia, Water & Oceans
0
Home Asia News
Post Views: 112

 

Every Dec. 13 we commemorate the day in 1957 when then-prime minister Djuanda Kartawidjaja proclaimed Indonesia’s new maritime approach. The proclamation, which later became known as the Djuanda Declaration, established that Indonesia has the lawful right to draw baselines connecting the outermost points of its outermost islands and that the waters within those baselines fall under Indonesia’s sovereignty.

The Declaration, obviously a departure from the well-established international rule of drawing territorial seas from each island instead of an archipelago, was met with worldwide protest.

Conscious of the winding journey in securing international recognition, Indonesia became actively engaged in various multilateral and bilateral forums to ensure that Indonesia’s proposal would be accepted.

RelatedPosts

SCS : Indonesia on high alert after appearance of Chinese vessel

European powers reject China’s South China Sea claims

Indonesia pushes ARF members to address challenges in Asia Pacific

Prime Minister meets with Brunei, Malaysia leaders

One of the means was to seek recognition through maritime boundary delimitation. In 1969, Indonesia and Malaysia agreed to a continental shelf boundary in the Strait of Malacca and the South China Sea.

It took both countries only a couple of months of negotiations until the agreement was reached.

The maritime boundary agreement opened the path to another bilateral treaty in 1982, in which Malaysia firmly recognized Indonesia’s archipelagic state concept.

Ever since the 1969 agreement, Indonesia remains committed to the settlement of maritime boundary delimitation with its neighbors. History shows that negotiations were not always smooth and easy.

Although the negotiation on the continental shelf boundary with Malaysia was resolved quickly, that was not the case in other areas. Indonesia and Malaysia have yet to agree on a delimitation line in the Ambalat area.

And it took 30 years for Indonesia and Vietnam to reach an agreement on a continental shelf boundary, which was signed in 2003. Since 2010, both countries are still negotiating an exclusive economic zone (EEZ) boundary.

Various factors come into play when determining whether a boundary can be concluded promptly or not. The first is the willingness of the states concerned in coming to the negotiation table.

Regardless of how eager Indonesia is to conclude a maritime boundary, it will never happen if the other state is not willing, and Indonesia must respect this. At the end of the day, it takes two to tango.

The second factor is legal issues. Since the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, its provisions became the international legal basis for delimiting maritime boundaries. For instance, delimitation of territorial seas is governed by Article 15.

While there is usually no legal question on delimitation of territorial seas, there remains an issue on the use of a single boundary line for the delimitation of EEZs and continental shelves. Indonesia believes separate lines should be drawn for delimiting each zone, as the continental shelf and EEZs are two different regimes under UNCLOS.

Also, while the International Court of Justice has applied a single boundary line since the Gulf of Maine case in 1984 until the most recent delimitation case of 2018, the maritime delimitation in the Caribbean Sea and the Pacific Ocean between Costa Rica and Nicaragua, the Court had never stated that the single boundary line is customary international law.

Indonesia’s position is not shared by all its neighboring countries, hence the need to allocate some time to negotiate this issue alone.

The third factor pertains to technicalities. Once both countries agree to commence talks on delimitation, negotiators are left with technical issues. This is the part where both sides have to agree on the use of basepoints and baselines.

Then negotiations follow on the proposed median line. Arguments and counter-arguments will usually take place on why certain basepoints and baselines should or should not be used. This will take some time.

Fourth, a border treaty to be agreed and signed will be a sacred document. It is not a treaty in the ordinary sense. Once it is concluded, it will be forever effective, and will be very hard to terminate, even for a good reason.

The Vienna Convention of 1969 on the Law of Treaties has stipulated that even a fundamental change of circumstances may not be invoked as a ground for terminating or withdrawing from a treaty that establishes a boundary.

This makes negotiators think more than twice about the final drafts. Furthermore, whatever they agree at the negotiation table should be made accountable to their respective constituents, especially their respective parliaments. Therefore, all sides need ample time to say yes.

Nevertheless, in terms of maritime boundary agreements, Indonesia is the most active country in Southeast Asia. Overall, Indonesia has entered into 18 delimitation agreements on maritime zones with Australia, India, Malaysia, Papua New Guinea, the Philippines, Singapore, Thailand and Vietnam.

However, not all maritime zones have been delimited yet with those countries. Also, no maritime boundaries have been delimited with Palau and Timor Leste.

Pending boundaries are indeed big tasks for Indonesia’s government. However, delimitation involves various factors. The negotiators are always guided by the precautionary principle to ensure negotiation results will not be to the detriment of the Indonesian people.

Rest assured that Indonesian negotiators are keen and committed to settle all maritime boundaries in order to accomplish the Djuanda Declaration.

Source :
The Jakarta Post
Tags: Djuanda DeclarationDjuanda Kartawidjajamaritime bordersUNCLOS
Previous Post

Indonesian police nabs alleged terrorist ahead of Christmas

Next Post

Indonesia’s Go-Jek launches beta app in Thailand

Related Posts

Dutch PM condemns riots as ‘criminal violence’
Asia News

Dutch PM condemns riots as ‘criminal violence’

January 26, 2021
Trump the Swamp Terror warns “We will be Back”
Asia News

Trump the Swamp Terror warns “We will be Back”

January 26, 2021
Hockey: Portland NHL pulling faulty pucks
Canada

Hockey: Portland NHL pulling faulty pucks

January 21, 2021
U.S. attack on the Capitol: The “Bud Light Putsch”, a watershed moment for America?
Asia News

Portland Police Charge Demonstrators Destroy Democratic Party Offices

January 21, 2021
U.S. attack on the Capitol: The “Bud Light Putsch”, a watershed moment for America?
Asia News

U.S. attack on the Capitol: The “Bud Light Putsch”, a watershed moment for America?

January 18, 2021
How Israel’s Likud Party played the long game toward annexation of the West Bank
Commentary

How Israel’s Likud Party played the long game toward annexation of the West Bank

January 11, 2021
Next Post
Indonesia’s Go-Jek launches beta app in Thailand

Indonesia’s Go-Jek launches beta app in Thailand

Translate

Subscription

Popular Post

Moscow: The Navalny riots
Uncategorized

Moscow: The Navalny riots

January 26, 2021
0

  Moscow (25/1- 25).  Russia saw widespread protests against President Vladimir Putin at the weekend, with demonstrations involving tens of thousands of...

Read more

NGOs call for mass boycott of palm oil giant IOI

June 29, 2016
No peace for Greenpeace

No peace for Greenpeace

July 1, 2016

The Case Against Greenpeace

July 1, 2016
Children in ISIS Nusantara Media Outreach

Children in ISIS Nusantara Media Outreach

July 2, 2016
  • About Us
  • Creative Commons
  • Privacy Policy
  • Terms & Conditions
  • Disclaimer
  • Contact Us

Topics

Follow Us

About Us

citizendaily.news is part of the citizen Daily Media Group LLC, which delivers daily news around the globe. ​

© 2012 The Citizen Daily

No Result
View All Result
  • Asia News
    • Northeast Asia
      • China
      • Japan
    • North Korea
    • Oceania
      • Australia
      • New Zealand
    • South Asia
      • Afghanistan
      • Bangladesh
      • India
      • Pakistan
    • Southeast Asia
      • Indonesia
      • Malaysia
      • Philippines
      • Singapore
      • Thailand
  • World News
    • Africa
    • Europe
      • Germany
      • United Kingdom
    • Latin America
      • Cuba
      • Mexico
    • Middle East
      • Gulf States
      • Iran
      • Iraq
      • Saudi Arabia
      • Syria
    • North America
      • Canada
      • United States
    • Russian Federation
  • Economy
    • Brexit
    • Free Market
  • Politics
    • ASEAN
    • Diplomacy
    • ISIS
    • National Defence & Security
  • Editorial
  • Environment
    • Climate Change
    • Forests
    • Water & Oceans
    • Wildlife & Endangered Species
  • Lifestyle
    • Books & Literature
    • Entertainment
    • Food & Dining
    • Religion
    • Travel
    • Tech
  • Sports

© 2012 The Citizen Daily