第28章 南沙での海洋協力と海上の事故防止協定(INCSEA)
B. A. ハムザ(マレーシア海事研究所所長)4
Maritime Cooperation in the Spratlys
Throrough Inddemts-At-Sea
Agreements(INCSEA)
By B. A. Hamzah*
Introduction
MARITIME cooperation covers a vast canvas. It includes all types of cooperation whith states and non-state entities pursue as part of diplomacy to promote international relations in the Asia Pacific maritime community. This cooperation includes security, naval, economic, political, environment, education, cultural and a host of other activities. While this paper will not address the scope, extent, efficacy or modes of maritime cooperation in Asia Pacific, it is important to bear this comprehensive approach in mind.
The thrust of maritime cooperation in the Asia Pacific Region will have to be promoting and enhancing political as well as economic cooperation mainly between states ─ the major actors in international relations. This fact does not mean to minimise the role of non-state entities, e. g., NGOs in promoting maritime cooperation. Other forms of cooperation which exist between states and communities are supplementary in nature. This cooperation, derives legitimacy as well as authority from the political connections. Cooperation between two states can only endure within the framework of a larger political or economic context. Neither could any form of cooperation like the proposed INCSEA take-off with confidence outside this political framework.
4 B. A. Hamzah, “Maritime Cooperation in the Spratlys Through Incident-At-Sea Agreement (INCSEA)”
The Asia Pacific community of maritime nations is fortunate to have an established infrastructure for political and economic cooperation. This means maritime cooperation does not need to begin from scratch. Yet, within this comfortable political-economic framework, states may remain suspicious of some projects that may arguably prompt greater cooperation. For example, many groups in the region have been pushing the concept of joint development in the Spratlys. From their perspective, it is an ideal project to promote. Despite examples to the country, some have viewed the project as undermining their sovereignty.
Anyhow, the purpose of any form of maritime cooperation in Asia Pacific is to promote a stable regime. While stability may mean different things to dirfferent people, it implies predictability and a tolerable level of conflicts at sea. It implies a friendly maritime environment where normal state activities can be promoted without fear of adverse responses from another party. A stable maritime regime, therefore simply means establishing predictable relations between states with regard to the legitimate uses of the sea. They include, among others, a responsible ocean governance system, an equitable seaborne trade regime, a manageable maritime security environment, greater confidence in dealing with each other at sea, a safer navigation regime, a cleaner ocean regime and greater respect for each other's laws at sea. Cooperation in ports, shipping, fishing and other maritime resources would form part of the larger agenda for a more stable and cooperative maritime regime in the region.
This paper has a focus only on one small facet within the overall comprehensive framework of maritime cooperation in the Asia Pacific Region. This paper is premised on the following assumptions:
・That naval cooperation is essential to establishing a stable maritime regime in Asia Pacific;
・That it is possible to initiate a new mode for cooperation between navies in the disputed part of the South China Sea within the existing bilateral/regional maritime cooperation framework;
・That the proposed INCSEA is one of the many cooperative mechanisms that can complement other modes for maritime cooperation including the cooperative regional mechanisms like the ARF, CSCAP, etc.;
・That it is possible to receive political endorsement for this idea once the participating navies comprehend the benefits of an INCSEA regime;
・That the present political and economic environment is conducive to pursue this mode of cooperation.
The underlying foundation for any form of maritime cooperation is still politics. States are not likely to make much headway in maritime cooperation in the absence of strong political linkages. Yet, what drives political relations in an enduring manner are real or potential economic gains from such relationship. Other considerations are important but they tend to be subservient to politics as well as economic considerations.
The Setting
The security policy architects in South East Asia have experimented with various aspects of multilateral cooperative security mechanisms for the Spratlys in the South China Sea.
