Applications and shortcomings of the law of the sea in combating piracy : a South East Asian perspective

The main aim of this paper is to identify and examine the adequacy and inadequacy of the piracy related provisions of the law of the sea. The research will also explore the reasons for shortcomings and will put forward some recommendations with reference to the problem. In doing so, the paper will provide an integrated and updated survey of the legal literature on sea piracy. All materials will be examined and analysed with a view to evaluating the effectiveness of the law of the sea provisions relating to combating sea piracy in South East Asian Region. Most importantly the analysis of ¡the paper will be directed towards improving the design of legal regimes for combating sea piracy in South East Asia. Specifically a supplementary agreement with a broader definition of piracy and the creation of coastguards and piracy tribunals at regional levels for arresting and prosecuting suspected pirates will be proposed at the end of this paper. It is recommended that the existing information sharing centre established under ReCAAP be expanded to include other nations in the Asia Pacific region, such as Australia and New Zealand. Australia and New Zealand, which rely on sea carriage for almost all of their exports and imports have an obvious interest in the reduction of piracy in the region. If neighbouring states who can contribute significant resources were involved, such as Australia, and New Zealand, the centre could be more powerful.