Abstract As an important policy in China to safeguard the sustainable development of fisheries resources, the fishing ban explicitly prohibits unauthorized shuting down, shielding, dismantling, lending, or transferring of vessel safety monitoring and positioning equipment. During the fishing moratorium, all fishing vessels are legally required to berth at designated ports, and no vessel is permitted to engage in any form of fishing operations unless it has obtained a valid license. Violations of the order may result in civil penalties or criminal sanctions, depending on the specific circumstances of the violation.
Abstract This article examines Republic Act No. 12065, or the Philippine Archipelagic Sea Lanes Act, as a landmark development in the country’s continuing maritime legal reform. Enacted in 2024, the law designates specific sea lanes and air routes through which foreign ships and aircraft may exercise the right of archipelagic sea lanes passage, in accordance with the United Nations Convention on the Law of the Sea ( unclos ). This paper analyzes the Act’s key provisions and its significance in operationalizing the Philippines’ status as an archipelagic state. It explores the law’s implications for national sovereignty, maritime security, and freedom of navigation. The article also considers challenges to implementation and enforcement, and situates the Act within the broader context of the Philippines’ evolving maritime legal and strategic posture. Ultimately, ra 12065 is a vital legal instrument that both reinforces sovereign control and affirms the country’s commitment to international law, while signaling a more assertive maritime strategy in a contested region.
Abstract The International Tribunal for the Law of the Sea (‘Tribunal’) in May 2024 delivered an Advisory Opinion which considered the obligations of States in relation to the protection of the marine environment and the impacts of climate change. In addition to clarifying climate change obligations, the Advisory Opinion provides an important commentary on how UNCLOS ought to be interpreted. The Tribunal considered the interaction between UNCLOS and other international rules and found that a State’s obligations under UNCLOS will not necessarily be satisfied by simply complying with obligations and commitments under other international instruments, but that the convention must be read in conjunction with other external rules and interpreted consistently to the extent possible. The Tribunal confirmed the UNCLOS should be considered a living instrument. This article critically considers the implications of the Tribunal’s findings, which should inform how UNCLOS is interpreted going forward when considering the obligations of States.
Abstract While Regulation 14 of Annex VI to MARPOL places caps on the amount of sulphur emissions, Regulation 4 allows State Parties to use alternative means of compliance with rules and standards set out in Annex VI. Exhaust Gas Cleaning System (EGCS), known as scrubbers, is a favoured compliance method. However, EGCS, in particular closed-loop system, discharges highly acid and toxic washwater to the oceans, thereby creating vessel-source marine pollution. This article addresses the prevention of vessel source marine pollution from scrubber discharges focusing particularly on three issues: (1) rules and obligations relevant to the protection of the marine environment from scrubber discharges under the UN Convention on the Law of the Sea (UNCLOS), (2) the legal basis for regulating scrubber discharges in marine space under national jurisdiction by the coastal State, and (3) environmental norms relevant to ensuring the compatibility between green technologies and fuels for shipping and UNCLOS.
Abstract Climate-change related sea level rise is a dire challenge for coastal States with low-elevation coastlines, including small island developing States (SIDS). According to the Intergovernmental Panel on Climate Change (IPCC), sea levels are rising, and the rate of sea level rise is accelerating. Under the United Nations Convention on the Law of the Sea (UNCLOS), the interpretation of baselines from which most maritime zones are projected is ambiguous. The traditional view was that baselines were ambulatory. This means that as baselines retreat with sea level rise, the outer limits of maritime zones could also shift, resulting in potentially significant losses in areas under coastal State maritime jurisdiction. Emerging State practice, coupled with the work of the International Law Association (ILA) and International Law Commission (ILC) on sea level rise and international law has been validated by the 2025 decision of the International Court of Justice (ICJ) in its Advisory Opinion on the Obligations of States related to Climate Change. The aim of this article is to provide an overview the decision of the ICJ regarding sea level rise and related preceding legal developments. The ICJ’s decision lends significant support to the fixing of baselines and the maintenance of the limits of maritime zones, thereby promoting certainty and stability in the law of the sea.
Abstract The United Nations Fish Stocks Agreement is mandated to ensure the long-term conservation and sustainable use of straddling and highly migratory fish stocks through the effective implementation of the relevant provisions of the UNCLOS. However, the Agreement can only achieve its intended outcomes if all relevant States become parties to it, implement its provisions, and comply with its obligations. A key focus of the Agreement has been the longstanding emphasis on the duties of flag States to exercise effective control over vessels flying their flags. This study examines the legislative frameworks governing flag State duties under UNFSA in selected South Asian countries, including Bangladesh, India, Maldives, and Sri Lanka, within the Bay of Bengal region. Furthermore, the study proposes strategies to enhance the effective implementation of flag State duties for achieving sustainable fisheries management.
Abstract The Shiprider Program, initiated by the United States in the 1970s, exemplifies international cooperation in enforcing maritime law and serves as a key tool for the United States to assert its maritime claims. However, various issues related to national sovereignty, maritime rights and interests, international navigation, and dispute settlement have affected the international legal frameworks governing the oceans and the global marine order, particularly in relation to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). These challenges pose risks to the maritime rights and interests of State Parties and coastal States. The fact that the United States is not a party to UNCLOS complicates the clarification and resolution of these issues. Therefore, prudent consideration of the Shiprider Agreements will be conducive to the better safeguarding of national maritime law rights and interests while promoting peace and stability within the global marine order.
Abstract Blue carbon ecosystems—mangroves, seagrasses, and salt marshes—play a vital role in climate mitigation and coastal resilience. The Asia-Pacific, home to over 80% of global mangrove cover. These ecosystems face escalating threats from coastal development, pollution, and weak regulatory frameworks. This article critically examines existing legal instruments and policy approaches to blue carbon governance in selected Asia-Pacific countries, including India, Indonesia, and the Philippines. It evaluates the integration of blue carbon into national climate commitments (NDCs), marine spatial planning, and coastal zone regulations. Drawing on United Nations Convention on the Law of the Sea (UNCLOS), the Paris Agreement and emerging regional initiatives, the study identifies legal gaps and proposes a framework for harmonised, ecosystem-based governance. By highlighting best practices and barriers, the article contributes to legal scholarship on climate-responsive ocean governance and argues for enhanced international cooperation and community-led protection mechanisms. It concludes with actionable recommendations for strengthening legal strategies that align with sustainable development and marine climate resilience.
Abstract Vietnam’s fisheries industry currently faces issues of illegal, unreported, and unregulated (IUU) fishing and increasing depletion of marine resources by overfishing or fishing overcapacity. Amongst others, the maintenance of harmful fisheries subsidies by the Vietnamese government is considered to accelerate these challenges. Acknowledging such shortfalls, the Vietnamese government has made efforts to participate in international treaties relating to long-term conservation and sustainable use of living marine resources, specifically two mega-regional free trade agreements with provisions on sustainable development of marine resources and elimination of fisheries subsidies. At the national level, the Vietnamese government has introduced different initiatives and instruments to combat IUU fishing and the overexploitation of marine resources. Based on the sole indicator of target 14.6 of the Sustainable Development Goals (SDG), Vietnam indicated its highest probability of achieving the SDG’s target 14.6 of all other SDG 14 targets. As such, even though Vietnam currently maintains some fisheries development supports which could be considered harmful subsidies, the country still seems to be on track for the achievement of SDG’s target 14.6. These findings raise questions as to the comprehensiveness of target 14.6’s indicator and whether members should act further than what indicator 14.6.1 indicates in its IUU fishing combat. This paper aims to analyze the situation of Vietnam concerning its international commitments and domestic regulations relating to fisheries subsidies, and the implementation thereof, to assess the extent to which Vietnam has achieved the SDG’s target 14.6, and how should the country move forward in its 14.6 track.
Vietnam faces significant challenges in managing and conserving its marine biological resources, particularly in meeting the stringent environmental standards set by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European Union-Vietnam Free Trade Agreement (EVFTA). This paper argues that, despite notable progress such as the establishment of marine protected areas and fishery restoration programs, Vietnam’s legal and practical efforts to fulfill its CPTPP and EVFTA commitments on sustainable marine resource management are undermined by significant shortcomings—most notably in delayed fishery assessments, fragmented data systems, and inadequate regulation of fishing capacity. These persistent issues undermine Vietnam’s compliance with international obligations. In critically examining the country’s existing legal framework and the practical obstacles to enforcement, this study proposes strategic legal reforms, enhanced regulatory enforcement, and a more cohesive governance structure to strengthen Vietnam’s capacity for sustainable marine resource management. Such measures are essential for ensuring alignment with the CPTPP and EVFTA’s environmental mandates and for safeguarding Vietnam’s marine ecosystems in the long term.
Abstract Fisheries governance in overlapping maritime areas is shaped by resource distribution, legal frameworks, and domestic management systems. This study examines the Taiwan–Japan Fisheries Agreement as a provisional arrangement under UNCLOS, integrating an oceanographic analysis, fishing-ground formation, fleet behavior, and relevant domestic regulatory measures. Drawing on official data, interviews, and legal-institutional review, the findings show that while the Taiwan–Japan Fisheries Agreement helps reduce operational conflicts and stabilize fishing activities, its management approach remains primarily input-based and lacks a systematic scientific coordination. A broader comparison with other bilateral fisheries cooperation cases suggests that the Taiwan–Japan framework is less institutionalized, particularly in scientific support mechanisms and resource-focused management tools. Nonetheless, the Taiwan–Japan Fisheries Agreement provides a stable platform for dialogue and practical cooperation. The study contributes to understanding how provisional arrangements function in practice and identifies enhanced data exchange and scientific collaboration as essential steps for strengthening co-management in the future.
The Philippine Archipelagic Sea Lanes Act of 2024 establishes a framework for asserting its entitlements over archipelagic waters. This is the result of the Philippines’ long-term and continuous efforts to align its domestic laws with the United Nations Convention on the Law of the Sea (UNCLOS), and it also reflects the trend of the Philippines adjusting its maritime legislation and policies based on the South China Sea Arbitral Ruling. By enacting this Act, the Philippines aims to strengthen its control over archipelagic waters and restrict the passage rights of other states. However, the Act contains numerous problematic provisions and will face many challenges in implementation. The Philippines is more likely to ensure the legality and long-term validity of its designated archipelagic sea lanes through full consultation with the International Maritime Organization (IMO) and the user States of its archipelagic waters.
Thinking that a state may become inundated in the near future may sound a bit odd, as in normal times, such a scenario would appear as the stuff of dystopian science fiction, but this is real and currently in process in the Pacific and Indian Ocean. The looming environmental stress derived from climate change impacts raises questions about the axiomatic components of statehood. The primary question is whether it is possible to keep the statehood of a state that is in danger of losing its entire territory. What is the legal status of a submerged state? How to handle the issue of environmentally displaced people? These issues currently remain in legal limbo as there is no straightforward answer provided by the prevailing orthodox interpretation of the law of statehood and human rights. Various proposals to this problem have been offered. The majority of these studies focus on the solutions that are built on the idea of the preservation of statehood. However, their overemphasis on preserving statehood arguably overshadows the significant challenges related to the affected populations and underestimates the obstacles that may arise at the international level. The present paper is thus concerned with the viability of the offered solutions that diminish particularly the importance of territory criteria in the sustenance of statehood. The paper argues that challenging the minimum threshold account of statehood is neither practicable nor desirable and, therefore suggests that prioritising population-related issues would be a more rational choice.
The growing challenge of plastic pollution, especially in the marine environment, demands comprehensive international action. In response, the United Nations Environment Assembly ( unea ) Resolution 5/14 has tasked the Executive Director of the UN Environment Programme ( unep ) with establishing an Intergovernmental Negotiating Committee ( inc ) to develop an international legally binding instrument on plastic pollution. This article investigates the instruments and initiatives of the Association of Southeast Asian Nations ( asean ) and individual Southeast Asian countries in combating plastic debris. Specifically, it examines their submissions during inc sessions and identifies opportunities to enhance the efficacy of asean instruments, strengthen domestic policies, and improve regional collaboration. This article aims to answer the question: How can asean and its Member States effectively influence international efforts on combating marine plastic pollution? It proposes actionable strategies to bolster regional positions and play a proactive role in the inc process, thereby enhancing the management of plastic pollution.
The 2023 asean Declaration on the Placement and Protection of Migrant Fishers represents a significant step in addressing human rights abuses in the fisheries sector. It reaffirms the application of international human rights law throughout all phases of migration, including work at sea. Jurisdictional complexities—especially in the high seas and exclusive economic zones ( eez )—pose serious legal challenges to the protection of fishers at sea. While the Law of the Sea Convention ( losc ) grants flag States primary jurisdiction over labour conditions, international human rights law arguably suggests that coastal States have jurisdiction and responsibilities on human rights protection when exercising effective control over foreign-flagged vessels. The asean Declaration promotes regime interaction between the law of the sea and human rights law by affirming the applicability of human rights and labour standards at sea, encouraging the adoption of relevant international labour instruments.
Despite playing a major role in global fisheries production, Southeast Asian countries are hesitant to ratify the Work in Fishing Convention. Only Thailand has ratified the convention, while other asean Member States rely on their existing national legal framework. The lack of a regional legal framework to protect those working in fishing vessels outside the jurisdiction of their respective countries leaves their migrant fishers’ vulnerable to discrimination, exploitation, and hazardous working conditions. This study investigates asean efforts to develop regional norms that align with the asean Way. Using primary legal documents and secondary literature, this study finds that amidst the challenges within the asean Member States, the asean Way enables progress in the effort to protect migrant fishers by enabling an environment for discussion, encouraging inclusivity, and promoting awareness of the rights of migrant fishers.
Illegal, unreported, and unregulated ( iuu ) fishing has long been a problem in Southeast Asia. Unsurprisingly, the Association for Southeast Asian Nations has been developing guidance tools to help its members synchronize their responses to this collective problem. Its recent initiatives in the field of data surveillance cooperation suggest a willingness to depart from passive cooperation and instead take a more involved approach in combatting iuu fishing. Considering this policy shift, this article investigates whether active surveillance cooperation can be effectively leveraged to address the problem. It analyses the concept of “next generation” surveillance methods, determines which of these are the best fit for national realities, contemplates why surveillance information produced from such methods make good “cooperation products”, and identifies possible legal and operational challenges to surveillance cooperation. This article concludes with a case study of the Philippines, focussing on whether and to what extent legislative, capacity, and infrastructural gaps hinder the utilization of next-generation fisheries surveillance methods and regional surveillance cooperation.
In May 2003, the Proliferation Security Initiative ( psi ) was established as an informal multilateral initiative led by the United States to guide maritime interdiction operations and prevent the illicit trafficking of weapons of mass destruction ( wmd ). Since then, the threat posed by wmd and the role of violent non-state actors have increasingly hampered international trade controls. The Association of Southeast Asian Nations ( asean ) maritime domain plays a crucial role within this context, considering its strategic position for international trade and navigation, and terrorist activities in the region. Maritime interdiction operations have been an unsettled practice, and some of the characteristics of the psi question its role as a guarantor of maritime security among asean countries. This study analyses the alignment and complementarity of the psi with respect to the wmd international legal framework. Also, it signals the prospective enforcement power of informal agreements like the psi , and highlights the opportunities offered by its peculiar characteristics to the asean region in the wmd non-proliferation and maritime domain. Finally, some suggestions for improvement, like further harmonising maritime interdiction operations in asean countries following the psi guidelines, promoting transparency and information sharing through United Nations Security Council ( unsc ) means, or enhancing Indonesia’s participation in the psi , are proposed.
The paper aims to examine the use and effectiveness of legally binding methods of maritime boundary dispute resolution in the asean region and the implications for international security. The study used the Borders in Globalization Dyads Database for case selection and data insights and examined the applicability of the general patterns identified in the quantitative studies to the cases in the region. The study confirmed the role of power asymmetry, the value of the disputed territory, and domestic political factors in boundary dispute settlement. The power asymmetry in particular remains a challenge to upholding a rules-based international order and security, which is exacerbated by the failure of asean members to form a united front. However, irrespective of the involvement of a great power, the Malaysia-Singapore case points to the limits to the effectiveness of legally binding mechanisms in sensitive matters such as boundary disputes.
