Legal
regimes of archipelagic states
Nugroho Wisnumurti ; A former
member of the Indonesian delegation to the UN Third Conference on the Law of
the Sea and former ambassador/permanent representative of Indonesia to the UN
in New York and in Geneva. He is currently a counsel at Ali Budiardjo,
Nugroho, Reksodiputro (ABNR) Counselors at Law in Jakarta
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JAKARTA
POST, 27 Maret 2014
As we
celebrate the 80th birthday of Prof. Hasjim Djalal, the renowned expert on
the law of the sea, we are reminded of the long drawn-out struggle to gain
international recognition for the legal regime of this archipelagic state.
It all
started with the declaration of the Indonesian government in 1957 that the
country’s territorial sea of 12 nautical miles was drawn from straight
baselines connecting the outermost points of the outermost Indonesian
islands, where the waters enclosed by the straight baselines are internal
waters subject to Indonesia’s sovereignty while allowing the innocent passage
of foreign vessels.
The
declaration, widely known as the Djuanda Declaration of 1957, was later
reaffirmed in the Government Regulation in lieu of Law No. 4/1960 on
Indonesian territorial seas and Government Regulation No. 8/1962 on the
innocent passage of foreign vessels.
The
Djuanda Declaration of 1957 constituted a very important breakthrough in
fostering Indonesia’s national interests in the fields of law, politics,
economy, culture and the protection of territorial integrity and national
unity. The major contributions of former prime minister Djuanda Kartawidjaja,
then-veterans’ affairs minister Chaerul Saleh and Mochtar Kusumaatmadja,
expert on the law of the sea, in this respect are widely recognized.
The
Djuanda Declaration of 1957 was immediately opposed by major maritime states
like the United States, United Kingdom, Soviet Union as well as the
Netherlands and Australia, which considered the declaration to be in
violation of international laws on freedom of navigation.
The
first attempt to gain international recognition of the archipelagic state
principles was at the first UN Conference on the Law of the Sea in Geneva in
1958. The Indonesian delegation at the conference was chaired by Achmad
Soebardjo, Indonesian Ambassador to Switzerland and former foreign minister.
The efforts by Indonesia and the Philippines at the conference failed.
Likewise, their attempts at the second conference in 1960 ended in failure.
Indonesian
diplomacy gained momentum when the UN held the third conference. The
conference, initiated on the basis of a proposal by ambassador Arvid Pardo, permanent
representative of Malta to the UN, was originally to be convened to regulate
the use of mineral resources on the seabed beyond the national jurisdiction,
which constitute “common heritage of
mankind”.
Finally
it was agreed that the mandate of the third conference would include a review
of the Geneva conventions of 1958 on territorial seas, the high seas,
fisheries and the continental shelf.
The
conference also considered the jurisdiction of coastal states on the living
resources beyond national jurisdiction (that eventually led to the adoption
of the legal regime of the Exclusive
Economic Zone, or EEZ), as well as the rights of transit passage through
straits used for international navigation. As a result of the joint diplomacy
by Indonesia and the Philippines, the legal regime of archipelagic states was
added to the agenda of the conference.
Indonesia’s
diplomacy and negotiations had been long drawn-out, facing difficult
challenges, from the time that Indonesia became a member of the preparatory
committee of the conference, known as the “Seabed Committee” (1970-1973),
until the adoption of the Convention on the Law of the Sea in 1982.
On March
22, 1971, the Indonesian delegation to the Seabed Committee, chaired by
ambassador Umarjadi Notowijono, permanent representative of Indonesia to the
UN in Geneva, as well as Kusumaatmadja as vice chairman, reintroduced the
concept of archipelagic state. Subsequently, Indonesia collaborated with the
Philippines, Fiji and Mauritius as the so-called archipelagic states group.
The group for the first time submitted to the Seabed Committee three
principles on archipelagic states, as contained in a 1973 document of the
Seabed Committee.
The
diplomatic struggle continued at the third conference, the first session of
which was held in Caracas and lasted for three months, the longest ever
session of an international conference. ●
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