RSIS Seminar by Aristyo Rizka Darmawan, Program Director, Centre for Sustainable Ocean Policy, and Lecturer in International Law, Faculty of Law Universitas Indonesia
Between Foreign Policy and International Law: Indonesia’s Practice and Interpretation as an Archipelagic State under UNCLOS
Abstract
As the largest archipelagic state in the world, the United Nations Convention on the Law of the sea (UNCLOS) is an integral part of Indonesia’s foreign policy. The recognition of archipelagic states’ regimes under UNCLOS is often regarded as a major achievement in Indonesia’s diplomatic history. However, the recognition of archipelagic status is not a zero-sum game. There are obligations that Indonesia must fulfil.
This seminar will discuss Indonesia’s obligations as an archipelagic state under UNCLOS as well as its interpretation and implementation of the archipelagic state regime by scrutinising two case studies. The first is the interpretation of UNCLOS Article 51 where Indonesia has a different interpretation with Singapore on the obligation of respecting “other legitimate activities” in Indonesian archipelagic waters. The key issue is whether conducting military exercises in the EEZ of an archipelagic state fall under the umbrella of the phrase “other legitimate activities”.
Secondly, Indonesia and the United States have different interpretations of Article 53 (12) on the scope of “routes normally used for international navigation”. Previous Freedom of Navigation Reports released by the US States Department have regarded Indonesia as having inconsistent practices with regards to UNCLOS. By analysing the two case studies, this seminar will explore how Indonesia views and practices its legal rights and obligations as an archipelagic state as well as the implications for Indonesia’s foreign relations.
About the Speaker
Aristyo Rizka Darmawan is a lecturer in international law at Universitas Indonesia and a Visiting Fellow with the Indonesia program Rajaratnam School of International Studies (RSIS). His research focuses on the law of the sea and maritime security in Southeast Asia. His articles has appeared in international journals such as the International Journal of Marine and Coastal Law and Asia Pacific Journal of Ocean Law and Policy. He also regularly published a commentary on the contemporary law of the sea issues in international outlets, such as the Lowy Institute, Asia Maritime Transparency Initiative CSIS, East Asia Forum, ISEAS commentaries, Straits Times, and the Jakarta Post. He obtained his Master’s Degree from the Fletcher School of Law and Diplomacy at Tufts University and upcoming doctoral student at the Australian National University.
