Bilateral USCSCAP and CSCAP Philippines Workshop on UNCLOS and Maritime Security in East Asia

May 27, 2014, Manila

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AGENDA

Tuesday, May 27, 2014:

Session 1: UNCLOS and Dispute Settlement

This session will examine how dispute settlement is addressed in Part XV and the applicable annexes of the UN Convention on the Law of the Sea (UNCLOS). What are the general principles in UNCLOS that govern dispute settlement? What are the primary dispute resolution mechanisms? How effective have these UNCLOS provisions and mechanisms been in resolving disputes in the region? What can be done to improve the situation? Can/should regional organizations, especially the ARF, play a role in the dispute resolution process?

Presenters: Jay Batongbacal, Wu Shicun


Session 2: UNCLOS and Freedom of Navigation
This section will examine issues related to freedom of navigation and right of innocent passage. What is the relationship between freedom of navigation and innocent passage? What are the general principles in UNCLOS that govern freedom of navigation and innocent passage in territorial seas, contiguous zones, and exclusive economic zones? How have these principles been applied in the Asia Pacific? Why are warships and other government ships given separate treatment in territorial sea (Part II, Section 3) and the high seas (Part VII, Section 1)? Why are there different interpretations of UNCLOS Part V regarding rights and duties in EEZs? What options are available for resolving these differences? What role can regional organizations, especially the ARF, play in promoting UNCLOS principles related to these issues?

Presenters: J. Ashley Roach, Akimoto Kazumine


Session 3: UNCLOS and Preservation of Maritime Environment
This session will focus on the role of UNCLOS in promoting cooperation in preservation of the marine environment in the Asia Pacific. What are the general principles contained in Part IX and XII that guide states in developing policies related to marine environmental preservation? How does UNCLOS address biodiversity beyond national jurisdiction? How have states in the region applied UNCLOS provisions to preserving the marine environment in both coastal areas and beyond? What governance mechanisms are available to promote regional cooperation in environmental preservation? Are these mechanisms adequate? What can regional organizations, especially the ARF, do to enhance marine environmental preservation?

Presenters: Robert Beckman, Martin Sebastian


Session 4: UNCLOS and Living Resource Management
This session will focus on promoting cooperation in managing living resources, especially fish and marine mammals in the Asia Pacific. How does UNCLOS address the need for cooperation in the management of living resources and fisheries? What other mechanisms have been developed to supplement UNCLOS in managing living resources? What can be done to enhance management of living resources in the Asia Pacific? What role should regional organizations, especially the ARF play in managing living resources in both coastal areas and beyond national jurisdiction?

Presenters: Xue Guifang, Nguyen Lan Anh