Encyclopedia of Complexity and Systems Science Series

Nguyen L.N.

The important role that the ocean can play in responding to climate change has garnered much attention over the past decade. The ocean-climate nexus has recently come under spotlight, thanks to a request submitted by the Commission of Small Island States on Climate Change and International Law to the International Tribunal for the Law of the Sea (ITLOS) for an advisory opinion on climate change. The advisory opinion is expected to not only bring answers to the questions raised but also potentially contributes to the growing inclusion of the ocean in the climate discussions. This chapter uses the advisory proceedings before ITLOS as a springboard to canvas different ways in which the relationship between UNCLOS and international agreements relating to climate change could be conceived. It then analyses the positions taken by Southeast Asian States on the interaction between climate change and law of sea in order to not only analyse the divergence and convergence in their position with regards to using UNCLOS as a tool to address climate change, but also to identify the unique arguments that they have brought to the debate on the ocean-climate nexus.

Liliansa D.

About two-thirds of the 4.1 million global fishing fleets are flagged to Asian states. Despite this extensive fleet presence, the issue of fishing vessel safety remains overlooked, demanding heightened attention and cooperative efforts. Across Southeast Asia and the world, majority of fishing vessels measure below 12 m in length. However, a binding international treaty for these smaller vessels is currently lacking, leading to their regulation primarily through international soft law instruments. Conversely, larger fishing vessels, comprising a minority of the global fleet, with lengths of 24 m and above, fall under the Cape Town Agreement that has yet to enter into force. As a region hosting some of the world’s top marine capture fisheries producers, Southeast Asia exhibits limited ratifications to international treaties that are relevant to fishing vessel safety. This chapter, thus, examines the status of fishing vessel safety in Southeast Asia, and evaluates the presence of regional cooperation to promote fishing vessel safety in the region.

Thao N.H., Dang V.H.

Asia, the world's largest continent, comprises 51 States and territories. It is surrounded by three vast oceans: the Arctic to the North, the Indian Ocean to the South, and the Pacific to the East. This complex geography of land and water has positioned the continent at the forefront position in shaping and implementing the new law of the sea in the twentieth and twenty-first centuries. Asia encompasses a myriad of maritime issues. It has different types of States seeking equitable benefits from the oceans such as Archipelagic States, Straits States, Landlocked and Geographically Disadvantaged States, and Coastal States. The region faces numerous challenges, such as contested unilateral baselines claims, the uncertain status of islands and rocks, contentious maritime claims, combatting Illegal, Unreported, and Unregulated fishing activities (IUU) and the management of straddling fish stocks and highly migratory fish stocks, piracy, armed robbery at sea, dual-purposes (general or military) of marine scientific research, the proliferation of submarine pipelines and cables, marine pollution, and offshore oil and gas development. However, Asia is also a hub for pioneering models, experiments, and ideas that complement the Law of the Sea. Drawing from over 30 years of implementing UNCLOS, Asia's experiences contribute significantly to affirming the Convention's position as a key mechanism for common and national interests at sea. This chapter aims to summarize Asia's main challenges and contributions to improving the Law of the Sea and fostering legal order, peace, and stability across the region.

Tran Y.H.

The South China Sea has long been the traditional fishing ground of Vietnamese fishermen and fisheries remain one of the top economic sectors in Vietnam. However, fish stocks in the South China Sea are generally considered to be overexploited. The biggest barrier to the establishment of a fisheries management cooperation mechanism in the South China Sea as opposed to other regions is the existence of the complicated territorial and maritime disputes among the coastal states. Vietnam, as a coastal state and a member of the UNCLOS, is thus under obligation to undertake cooperation in transboundary fisheries management cooperation in overlapping maritime areas. On that basis, this chapter will look into Vietnam’s practice of conducting transboundary fisheries management and cooperation in overlapping maritime areas in accordance with the provisions of the United Nations Convention on the Law of the Sea 1982.

Ishii Y.

The United Nations Convention on the Law of the Sea (UNCLOS) establishes a functional order by defining and allocating jurisdiction among states. This structured system serves to mitigate conflicts at sea and facilitates the resolution of disputes. To substantiate this assertion, this article conducts a case study on the maritime conflicts in the Caribbean Sea, focusing on the tensions between Nicaragua and Colombia. A detailed analysis is provided, particularly delving into the International Court of Justice’s judgment on the Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea of 21 April 2022. Drawing parallels with conflicts in the South China Sea and the East China Sea, the Caribbean dispute involves territorial disagreements and competing maritime claims among neighboring nations. The root causes often revolve around conflicting assertions of sovereignty, competing interests in resource exploitation, and disagreements over the exercise of freedom of navigation rights. By examining the intricacies of the Nicaragua-Colombia case, this article contributes to a comprehensive understanding of how the UNCLOS functions as a vital framework for managing and resolving maritime conflicts.

Mon S.W., Annathurai R.M.

Our daily lives in the twenty-first century heavily rely on the internet and information technology. It is surprising to note that 99% of the internet is cable-based which transmits internet signals from the submarine cables laid or buried within the sea bed. Most of the cables are not government-owned but run by separate consortia of private companies and entities. The essential services are performed through the internet, transmitted through submarine cables, such as money transfer as well as the transfer of sensitive data including political and military information. Therefore, the security and resilience of submarine cables are essential for present and future global security governance. Submarine cables as critical information infrastructures deserve high-level protection by authorities since they are vulnerable to various threats including divers, anchors, submarines, and fishing trawlers. In addition, the cables are also at risk of hacking and intelligence gathering. As far as Malaysia is concerned, it is one of the major hubs with several cable landing stations. It is also connected to various international cable systems connecting Malaysia with the rest of the world. In addition, it is a littoral State to the Straits of Malacca where 14 of the 37 main submarine cables in the Western Pacific run through this narrow strait. This paper attempts to assess the existing legal framework and mechanisms in place to ensure the security of submarine cables in Malaysian waters while sustaining the digital economic growth of the nation.

Beckman R.

The conduct of military activities involving the live firing of weapons by one State in the EEZ of another State has been a source of controversies since the provisions on the EEZ were agreed upon in the UNCLOS, 1982. Article 58 provides that all States enjoy the freedoms of navigation and overflight, and other internationally lawful uses of the sea related to these freedoms, in the EEZ of other States. It further provides that in exercising such rights in the EEZ of other States, States shall have “due regard” to the rights and duties of the coastal State in the EEZ. There has been a continuing debate on how the “due regard” provision applies to the conduct of military exercises involving the live firing of weapons. Given the potential interference that such exercises might cause to the rights and duties of the coastal State in its EEZ, the State that intends to conduct such exercise in the EEZ of another State should notify and consult the coastal State before conducting such exercises. This interpretation of article 58 is supported by the reasoning of ITLOS in the 2015 Chagos Marine Protected Area Arbitration Case and by article 9 of the 1967 Outer Space Treaty. If the US Navy followed this practice before conducting such exercises in the EEZ of States in Southeast Asia, it would enhance the prestige and standing of the US in the region.

Thao N.H.

The Indonesia and Vietnam maritime delimitation, spanning over 50 years, serves as an interesting case study on the interpretation and application of the United Nations Convention on the Law of the Sea 1982 (UNCLOS) in Southeast Asia to peacefully resolve maritime disputes. This case stands out as the first instance of full maritime delimitation and management of the grey area using separated lines for the exclusive economic zone (EEZ) and continental shelf in the region. Notably, it represents the first completion of maritime delimitation (EEZ and continental shelf) between an archipelago state and a coastal state, despite Indonesia having signed 21 maritime delimitation agreements previously. Hence, this agreement holds value not only for the involved states but also for fostering peace and security in the region and globally. The article aims to shed light on this continental shelf and EEZ delimitation process, exploring their consequences and providing a perspective on their implications.

Rajput A.

Rising sea levels pose a myriad of challenges to international law. The one intended to be addressed in this chapter is of the effect of sea-level rise on baselines. The question is framed as follows: whether the coastal State will be able to retain maritime zones based on its original baselines or would it have to claim maritime zones based on revised landward baselines? This question is addressed through four strands, each of which serves as a section for this chapter. First, the physical and legal consequences of sea-level rise. Second, the guiding framework that ought to inform a response. Third, the ongoing debate between the use of “ambulatory” or “fixed” baselines in response to sea-level rise. Fourth, whether the charted baseline or the actual line is to be preferred. Fifth, the emerging and rapidly consolidating state practice on the status of baselines in response to sea-level rise.

Kim S.Y.

Rising environmental interests have prompted the international community to actively use the tool of Marine Protected Areas (MPAs) for the protection of the marine environment. In particular, States and international organisations are now adopting international MPAs, which involve more than one State and cover multiple jurisdictions. More MPAs are now being designated in areas beyond national jurisdiction such as the high seas and the deep seabed. Moreover, MPAs are one of the four pillars of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Notwithstanding this trend, active international cooperation over international MPAs is seldom observed in Asia. This chapter provides an overview of the development of international MPAs and reflections on such development in Asia. It first illustrates the range and trend in the use of international MPAs as a tool to protect the marine environment. It then turns the focus to Asia. Unlike other regions such as the North-East Atlantic, the Mediterranean Sea or the Baltic Sea, Asia has seldom witnessed regional cooperation for the protection of the marine environment. There are Areas of Particular Environmental Interest situated in the deep seabed area of the Central Pacific, but they are not established by Asian States but rather by the International Seabed Authority. In light of the international community’s ongoing calling for more MPAs, the chapter then explores past discussions on MPAs in the South China Sea. Based on these historical examples, it follows with the prospects of MPAs in Asia, in light of the recent adoption of the BBNJ Agreement.

Zou K., Wang J.

With the rapid economic growth, China is eager to get sufficient energy supply including oil and gas to support its dynamic national development. However, offshore oil and gas exploration and exploitation inevitably bring environmental risks and potential damages to the ocean. Even without any significant environmental impact during the whole process of petroleum operations, the restoration of the marine environment to the status quo ante after such activities poses a serious challenge to the Chinese government and oil companies operating in China seas. This chapter attempts to assess and analyze China’s relevant laws and regulations governing marine environmental protection against pollution from offshore petroleum activities and their actual effectiveness of implementation. In particular, the paper will deal with in detail how China adopts and implements the relevant regulations and measures on decommissioning of no longer used oil rigs, removal of abandoned offshore oil platforms, and post-abandonment surveys and monitoring to restore and maintain the surrounding marine environment at a healthy level. By examining these laws and regulations, it can be seen whether China’s offshore activities are in line with the requirement of sustainability as well as international standards and under the sound environmental management.

Kittichaisaree K.

The Part XV dispute settlement regime of UNCLOS is based largely on the consent of the disputing parties, including by giving them the autonomy to select their preferred means to settle a dispute concerning the interpretation or application of UNCLOS. Moreover, Articles 297 and 298 of UNCLOS provide a long list of restrictions and limitations in a number of sensitive issues. In general, Asian States are unwilling to use third-party dispute settlement mechanisms with binding decisions due to their non-litigious tradition and reluctance to allow their domaine réservé to be subjected to supranational bodies. However, many of them have come before the International Tribunal for the Law of the Sea as well as arbitral tribunals stipulated under UNCLOS in cases concerning maritime boundary disputes, maritime rights in the South China Sea, provisional measures of protection, prompt release of detained vessels and crews, and climate change, among others. Conciliation under Part XV has been used only once by Timor-Leste, an Asian State, in the settlement of its maritime boundary disputes with Australia. The dispute settlement mechanisms under UNCLOS have made valuable contributions to the law of the sea and general international law. There are still several categories of potential disputes among Asian States to be settled under UNCLOS in the decades to come. Kriangsak Kittichaisaree is a judge of the International Tribunal for the Law of the Sea for the term 1 October 2017–30 September 2026, as well as Conciliator under Annex V to the 1982 UN Convention on the Law of the Sea and Arbitrator under Annex VII to the 1982 Convention (July 2017–present). He has been elected President of the Tribunal’s Chamber for Fisheries Disputes for the term October 2023–30 September 2026. He has served as a member of the UN International Law Commission (2012–2016), responsible for the topic ‘Obligation to extradite or prosecute (aut dedere aut judicare)’; Chairman of the UN General Assembly's Sixth Committee's Working Group on the Administration of Justice at the United Nations; and President of the 25th Meeting of States Parties to the 1982 UN Convention on the Law of the Sea, among others. A career Thai lawyer diplomat until his election to the Tribunal in October 2017, he has served as Director-General of the Department of International Organizations, and, subsequently, Thailand's Ambassador to Iran, Australia (and concurrently Fiji, Papua New Guinea, Solomon Islands and Vanuatu), and the Russian Federation (and concurrently Armenia, Belarus, Moldova and Uzbekistan). He has taught courses in international law at renowned law schools in five Continents. His 11 books include The Law of the Sea and Maritime Boundary Delimitation in South-East Asia (Oxford University Press 1987), the pioneering textbook International Criminal Law (Oxford University Press 2001, also translated into Farsi), Public International Law of Cyberspace (Springer 2017, also translated into Chinese), The Obligation to Extradite or Prosecute (Oxford University Press 2018), International Human Rights Law and Diplomacy (Edward Elgar Publishing 2020), The International Tribunal for the Law of the Sea (Oxford University Press 2021), The Rohingya, Justice and International Law (Routledge, November 2021), and Judicial Responsibility and Coups d’État: Judging against Unconstitutional Usurpation of Power (Routledge, February 2023).

Deng H.

In the 1970s, the concept of Energy Internet began to emerge. In 1986, Peter Meisen founded the Global Energy Network Institute, aiming to fully utilize renewable resources on a global scale through power transmission lines between countries. In 2004, The Economist first proposed the construction of an intelligent, automated, and self-healing Energy Internet based on the characteristics and technology of the Internet, marking the beginning of modern Energy Internet research.

Deng H.

Power demand-side management (DSM) plays a crucial role in improving energy efficiency and alleviating the strain on power supply. The concept of power demand-side management encompasses a broad range of strategies, including load management, strategic energy conservation, and adjustments to the power market. This book focuses on two innovative models of power demand-side management: orderly power utilization and interruptible load management. It analyzes these models in conjunction with the legal challenges faced by grid companies when coordinating with the government during power outages and rationing. Orderly power utilization and interruptible load management fall within the realms of administrative directives and market regulations, respectively. The former is characterized by its compulsory nature, efficiency, and stratification, while the latter relies on civil contracts to incentivize users to voluntarily reduce their load.

Deng H.

Energy Internet companies typically use three business models: “IoT+”, “Internet+” and “Energy+”. The “IoT+” business model is often used in the new energy industry, energy storage industry, electric vehicle industry, power equipment industry, energy-saving products, and the research and development of intelligent devices. The “Internet+” business model combines energy development with Internet technology, resulting in new models that include electric power services, digital power, data services, information integration, and financial services. The “Energy+” business model mainly focuses on three modules: the power trading industry module, the intelligent microgrid industry module, and the Virtual Power Plant (VPP) module. The power trading industry module takes power trading as its core and adopts market competition for energy supply and demand. The intelligent microgrid industry module centers on energy management, with main business models including microgrid planning and construction, operational management, energy services, value-added services, etc. The VPP module aims to smooth the load curve on the demand side, increase the load factor, and enhance energy utilization.