The Asian maritime security context

Abstract

The Proliferation Security Initiative (PSI), launched by US President Bush in May 2003, is intended to prevent traffic in elements of weapons of mass destruction (WMD).

Most WMD traffic moves by sea, and the focus of the PSI is on maritime interdictions and seizures. Although the PSI has had some significant successes, it has been criticised for lacking sufficient public accountability, stretching international law to the limits, undermining the UN system, potentially limited effectiveness and being politically divisive. Moreover, Asian countries that are key to PSI's successful implementation – notably China, India, Indonesia and South Korea – have deferred active involvement despite US pressure. Options for increasing PSI participation and enhancing its effectiveness include changes to existing international law; expanding existing conventions or developing a new one; obtaining an unambiguous empowering UN Security Council Resolution; obtaining NATO endorsement; arguing pre-emptive self-defence; and building a coalition of countries willing to perform such interdictions on each other's ships and aircraft on or over their territorial seas. However, each of these options would face obstacles and limitations that must be overcome for the PSI to be fully effective.

Notes

¹ Desmond Ball,‘ A New Era in Confidence Building: The Second-Track Process in the Asia/Pacific Region’, Security Dialogue, vol. 25, no. 2, 1994, p. 164.

² The full text of the 1982 UNCLOS can be found here http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf

³ David I. Hitchcock, Jr., ‘East Asia'sNew Security Agenda’, The Washington Quarterly, vol. 17, no.1, 1994, pp. 95-96, 103; Paik Jin-Hyun, ‘Strengthening Maritime Security in Northeast Asia’, paper presented to The 8^th Asia-Pacific Roundtable on Confidence Building and Conflict Reduction in the Pacific, ASEAN Institute for Strategic and International Studies, Kuala Lumpur, 5-8 June 1994, pp. 1-17; Stanley B. Weeks, ‘Law and Order at Sea: Pacific Co-operation in Dealing with Piracy, Drugs, and Illegal Migration’, paper presented to The First Meeting of the CSCAP Working Group on Maritime Co-operation, Kuala Lumpur, June 1995, pp. 1-15; and Charles Meconis and Stanley B. Weeks, ‘Co-operative Maritime Security in the Asia-Pacific Region: A Strategic Arms Control Assessment Report’, US Department of Defense Report, July 1995, pp. 75-80. For background and specific proposals for cooperation in a variety of maritime sectors, see Joseph P. Morgan and Mark J. Valencia, (eds.), Atlas for Marine Policy in East Asian Seas, p. 152; Mark J. Valencia, (ed.), International Conference on the Sea of Japan, Honolulu, East-West Environment and Policy Institute, Occasional Paper no. 3, p. 165; Mark J. Valencia, ‘Sea of Japan: Transnational Marine Resource Issues and Possible Cooperative Responses’, Marine Policy, vol. 14, no. 6, 1990, pp. 507-525; Mark J. Valencia, ‘Northeast Asian Perspective on the Security-Enhancing Role of CBMs’ in Confidence and Security-Building Measures in Asia (New York: Department of Disarmament Affairs, United Nations, 1990), pp. 12-18; and Mark J. Valencia, ‘The Yellow Sea: Transnational Marine Resource Management Issues’, Marine Policy, vol. 12, no. 4, 1988, pp. 382-395.

⁴ Jack McCafrie and Sam Bateman, ‘Maritime Confidence and Security Building Measures in Asia Pacific: Challenges, Prospects and Policy Implications’, paper presented to the First Meeting of the CSCAP Working Group on Maritime Co-operation, Kuala Lumpur, June 1995, pp. 1, 11.

⁵ ‘Press Briefing by Ari Fleischer, Australia/Terrorism’, http://www.whitehouse.gov/news/releases/2002/12/20021202–6.html

⁶ Achmad Sukarsono, ‘Indonesia Being Tested Over Malacca Straits – Report’, Reuters, 19 July 2004; ‘3 Nations Join to Patrol a Vital Oil Lifeline’, International Herald Tribune, 20 July 2004.

⁷ Desmond Ball, ‘Intelligence Collection Operations and EEZs: The Implications of New Technology’ in Mark J. Valencia and Kazumine Akimoto (eds), Marine Policy, Special Issue, Military Intelligence Gathering Activities in Exclusive Economic Zones: Consensus and Disagreement, vol. 28, no. 1, January 2004, pp. 67-82.

⁸ Mark J. Valencia, ‘The Rights of Spy Vessels’, Far Eastern Economic Review, 11 April 2002.

⁹ See Appendix I Freedom of Navigation, http://www.fas.org/man/docs/adr_00/apdx_i.htm#top

¹⁰ Ser Myo-ja, ‘The Alliance: Is It in Trouble’, Joong Ang Daily, 25 April 2005.

¹¹ It seems that Admiral Fargo was quoted out of context and that there was never any intention of placing US marines in the Malacca Strait, only a desire to assist the Straits countries in technology, equipment, training and intelligence.

¹² Sudha Ramachandran, ‘Divisions Over Terror Threat in Malacca Straits’, Asia Times Onlilne, http://www.atimes.com/atimes/Southeast_Asia/FF16Ae01.html

¹³ Mia Shanley, ‘Singapore Allies Stage Security Drill in South China Sea’, Reuters, 17 August 2005, http://in.news.yahoo.com/050817/137/5zr7i.html

¹⁴ Anthony Tucker-Jones, ‘War on Terror Update October 2004’, http://www.warshipsiFr.com/pages/terrorism_special12.html

¹⁵ Mark J. Valencia, ‘Japan in Hot Pursuit of Using Force in Territorial Waters Raises Concerns’, Washington Times, 25 January 2002, p. A-19.

¹⁶ International Tribunal for the Law of the Sea, Judgement of 4 December 1997, http://itlos.org/start2_en.html, paras 155 and 156

¹⁷ For an analysis of this incident and the boundary dispute see Jon Van Dyke, Mark J. Valencia and Jerry Miller Garmendia, ‘The North/South Korea Boundary Dispute in the Yellow (West) Sea’, Marine Policy, vol. 27, no. 2, 2003, pp. 143-158.

¹⁸ Paul Shin, ‘North and South Korea Clash at Sea, Four South Koreans Reported Killed’, Jakarta Post, Jakarta, Indonesia, 30 June 2002, p. 1.

¹⁹ ‘North Korea Says South Orchestrated Clash in Bid to ‘Chill’ Reconciliation’, BBC Monitoring Newsfile, London, 30 June 2002.

²⁰ Seo Hyun-jin, ‘Designation of Joint Fishing Area Suggested to Prevent Military Clashes in West Sea’, The Korea Herald, Seoul, 2 July 2002.

²¹ Hwang Jang-jin, ‘Military Refutes Allegation of Cover-up of June 13 Conflict’, The Korea Herald, Seoul, 10 July 2002.

²² Don Kirk, ‘Sea Clash Leads to Shake Up in Seoul’, International Herald Tribune, Paris, 12 July 2002.

²³ Doug Struck, ‘Attack on Boat Premeditated, S. Korea Says, N. Korean Sea Encounters’, The Washington Post, July 2002.

²⁴ Ministry of Defense, Japan, Security Outlook 2000, Tokyo; Ministry of Defense, Japan, Security Outlook 2001, Tokyo.

²⁵ Mike Mochizuki and Michael O’Hanlon, ‘Put a Lid on Rising Sino-Japanese Tension’, The Japan Times, 20 April 2005.

²⁶ Reinhard Drifte, ‘Japanese-Chinese Security Relations Since 1989’, unpublished manuscript, 2000.

²⁷ ‘Foreign Minister Kono Questioned by Takemi Keizo at the Foreign Relations and Defense Committee of the Upper House’, May 18, 2000.

²⁸ ‘China Said Conducting Drills in Japan'sEEZ’, The Daily Yomiuri, Tokyo, 26 July 2001.

²⁹ East Asian Strategic Review 2000, Tokyo, The National Institute for Defense Studies (NIDS).

³⁰ East Asian Strategic Review 2002, Tokyo, The National Institute for Defense Studies (NIDS).

³¹ Ibid.

³² ‘Chinese Research Ship Spotted in Japanese Waters’, Kyodo News Service, Tokyo, 1 May 2000; ‘Japan Watching Mainland Ship Near Summit Island’, South China Morning Post, Hong Kong, 23 July 2000.

³³ ‘Japan, China Agreement on Maritime Notice System Detailed’, BBC Monitoring Asia Pacific-Political, London, 13 February 2001.

Additional information

Notes on contributors

Mark J. Valencia

Mark J. Valencia is a maritime policy analyst with a special interest in Asia.