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The law of the sea and ASEAN states : maritime arrangements of ASEAN states in the Malacca Straits, Gulf of Thailand and the southern South China Sea

This thesis examines the arrangements and relationship amongst the member-States of ASEAN - the Association of South-east Asian Nations (though with less emphasis on Brunei, which only became the sixth and latest member of the Association upon its independence in January 1984) concerning the modern law of the sea issues that can most affect their national interests and the region directly, and which have developed particularly through the Third UN Law of the Sea Conference (UNCLOS III). Such issues are, first, the question of passage through the Straits of Malacca and Singapore, which has borne considerable law of the sea significance even long before the sixteenth century. Hence, such historical background is also explored. Secondly, since the Association consists of the two largest archipelagic States - Indonesia and the Philippines, considerations are given to the emergent archipelagic State concept, as recently developed, which is proved to have profound implications to the ASEAN members. So is the new concept of exclusive economic zone - an extended jurisdictional zone for marine living and non-living resources. The application of both of the latter concepts in the region will consequently render clear beneficiary and disadvantaged States among the members of ASEAN. Search for use of resources in the sea has also led ASEAN States to series of continental shelf boundary delimitation and one joint development arrangement agreements. These are analysed in comparison with a close examination of recent State practice and international adjudication. The thesis aims ultimately to demonstrate what roles the so-called 'ASEAN spirit' have played in influencing the practice of ASEAN States, their conflict management, their co-operation and their general outlook regarding such major law of the sea issues of the region.

Identiferoai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:320319
Date January 1987
CreatorsKasemsuvan, Sorajak
PublisherLondon School of Economics and Political Science (University of London)
Source SetsEthos UK
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation

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