Journal Articles & Book Reviews
Comparing Ocean Policy Developing Processes in Viet Nam and Malaysia: Lessons Learned and Way Forward
The oceans and seas are significant for the sustainable future development of countries in the Southeast Asian region. Efforts to achieve comprehensive management and sustainable development are underway and international agreements such as the United Nations Convention on the Law of the Sea (UNCLOS) and other regional and international initiatives are part of these efforts. …
Special Issue: Climate Change and the LOSC
This special issue, edited by CIL researchers Amber Rose Maggio and Millicent McCreath, contains contributions from many highly regarded scholars researching law of the sea in the era of climate change, including incoming CIL Director Dr Nilufer Oral. The special issue was conceived from CIL’s 2018 International Conference on Climate Change and Law of the …
Regional Cooperation and Marine Environmental Protection in Southeast Asia Governance Models and Regional Particularities
Southeast Asia is a region where regional cooperation for the protection of the marine environment faces some unique challenges. This paper explores the current regional cooperation landscape in this area and then draws on other regions (Arctic, Caribbean, Mediterranean and the Baltic) experience to seek out inspiration and possible best practices for Southeast Asia. Each …
Moving from MPAs to Area-based Management Measures in the South China Sea
Evolution of the marine protected area discourse into an area-based management tool may provide an avenue for a more progressive approach to protection of the Spratly seamounts. A first step could be the recognition of the Spratlys as an ecologically or biologically significant area (EBSA) under the Convention on Biological Diversity. This purely scientific recognition …
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Sulu-Sulawesi Seas Patrol: Lessons from the Malacca Straits Patrol and Other Similar Cooperative Frameworks
On 19 June 2017, Indonesia, Malaysia, and the Philippines launched the Sulu-Sulawesi Seas Patrol (SSSP), a framework of maritime security cooperation aimed at protecting the Sulu Sea and Sulawesi (Celebes) Sea from maritime crimes. The three nations had announced that their cooperation might be modelled on the Malacca Straits Patrol (MSP), a similar form of …
Indonesia’s Maritime Governance: Law, Institutions and Cooperation
Since President Joko Widodo took office in 2014, he has placed maritime governance at the top of his agenda, as evidenced by the introduction of his vision on Indonesia as a ‘global maritime fulcrum’. This article discusses how his administration has been working towards such a goal. First, it provides an overview of Indonesian laws …
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Trends and Reform Debates
Growing unease with the current functioning of the global regime of international investment agreements (IIA), together with today’s sustainable development imperative, the greater role of governments in the economy and the evolution of the investment landscape, has triggered a move towards reforming international investment rulemaking to make it better suited for today’s policy challenges. As …
Applicable Law Provisions in Investment Treaties: Forever Midnight Clauses?
Building on the growing awareness that applicable law determinations are one of the places where the balance between investor and state interests is struck in investment disputes, the article probes the capacity of applicable law provisions (ALPs) in investment treaties to contribute to its regulation. Based on a large scale survey of treaty texts (1000+ …
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