Law of the Sea and Asian States

Abstract

This chapter describes Asia’s active participation in the law of the sea. The modern law of the sea is set out in the United Nations Convention on the Law of the Sea 1982 (UNCLOS), as modified by the Agreement relating to the Implementation of the Convention 1994. UNCLOS establishes a legal order for all use of the oceans, has been universally accepted, and has been described as a ‘constitution’ for the oceans. Indeed, one of the major achievements of UNCLOS was the establishment of a clear demarcation of rights and jurisdiction in the oceans. The chapter then looks at how Asian states have contributed to, participated in, and implemented the UNCLOS regime. The term Asian states is used rather loosely, but includes states in South Asia, Southeast Asia, Northeast Asia, and the western Pacific.