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All Journal Indonesian Journal of International Law
Leonardo Bernard
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Whose Side Is It On? – The Boundaries Dispute in the North Malacca Strait Bernard, Leonardo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The waters in North Malacca Strait are one of a number of areas between Indonesia and Malaysia where no clear boundaries exist. Currently, there is an agreement on boundaries of the continental shelf between Indonesia and Malaysia in the area, but as yet there is no agreement on the boundaries for the Exclusive Economic Zone (EEZ). The lack of clear boundaries makes it difficult for either State to effectively exercise control over the body of water, not only with regard to fishing activities, but also with regard to environmental and security issues. This paper will discuss the history of the regime of the continental shelf, the Agreement on Continental Shelf Boundaries between Indonesia and Malaysia and the development of the international regimes for the EEZ and the continental shelf under the United Nations Convention on the Law of the Sea (UNCLOS). It will then discuss the importance for Indonesia and Malaysia of having clear EEZ boundaries in the North Malacca Strait.
HISTORIC FISHING RIGHTS AND THE EXCLUSIVE ECONOMIC ZONE Bernard, Leonardo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (579.193 KB)

Abstract

The exclusive economic zone (EEZ) regime under Part V of the LOS Convention grants coastal States the exclusive right to fisheries within 200 nautical miles (M) of their coasts. However, the EEZ seems to recognise the exclusive fishing rights of coastal States at the expense of historic fishing rights. Yet, is this an accurate reading of applicable law? Despite the fact that historic fishing rights are not expressly recognised in the LOS Convention, many States still claim these rights in areas beyond their EEZ. China, for example, has consistently made claims that it has historic rights over the fisheries resources within the nine-dashed line in the South China Sea. This article seeks to explore this issue, by analysing the relationship between the EEZ regime and historic fishing rights, and identifying the circumstances where historic fishing rights can exist alongside the EEZ regime. The article will also distinguish between historic waters and historic fishing rights; as well as discuss the practice of States and precedents of international courts and tribunals in relation to historic fishing rights.
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