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Problem Areas
 It is clear from this brief review of previous attempts at developing regional maritime awareness and information exchange that there are many problems to overcome before successful systems can be introduced. These include:
・a lack of political acceptance that such systems are necessary;
・coordination is difficult in view of the number of agencies involved, both nationally and regionally;
・rapid technological developments for gathering, storing, manipulating, transmitting and displaying data mean that different countries are at different levels of technology;
・the issue can be sensitive both in commercial and political terms;
・the complicated situation with regard to maritime boundaries can make countries less willing to cooperate, in case they are perceived to be compromising their own sovereignty or claims to sovereignty;
・some reluctance to include national EEZs within the scope of the RMSSAR or maritime databases; and lastly but most significantly, the lack of capacity and resources.
 
State Self-Interest
 The fundamental problem with building regional maritime awareness is that realist theory prevails and States tend to act solely in their self-interest. Many examples of this are evident in the maritime domain yet the development of some sense of altruism is essential if we are to move ahead with an effective maritime conflict prevention system. The interconnectivity of the seas and of natural ecosystems generally requires that countries must cooperate to achieve optimum outcomes to maximize the common good of Ocean Security. The maritime environment can only suffer while realism prevails at sea.
 
 Cooperation on maritime issues in East Asia remains underdeveloped. The European20 and South Pacific21 regions have demonstrated the importance of over-arching political frameworks as a fundamental prerequisite of effective maritime management regimes at a regional level. These frameworks have facilitated the development of a regional approach to issues such as maritime safety and the prevention of ship-sourced marine pollution. An action plan to develop a maritime conflict prevention system must recognize the limitations of the current regional political security framework.
 
Formulating an Action Plan
 Several issues are clear. First, the region needs to develop a higher degree of maritime awareness. Secondly, the geography of the region and scarcity of resources mean that developing this awareness requires a higher level of cooperation than exists at present, particularly in the enclosed and semi-enclosed seas of East Asia. Thirdly, past attempts at developing a cooperative approach to related issues have generally not been successful. Finally, the introduction of the ISPS Code and the new emphasis on the potential terrorist threat, as well as the ongoing incidence of piracy and armed robberies at sea, require that we revisit the task of building better knowledge of the regional marine environment and information sharing.
 
 A possible way ahead involves a "building block" approach to achieving a higher level of maritime awareness, including an appreciation of the benefits of cooperation. This might be a three-tiered approach starting with some basic initiatives to promote maritime awareness and information sharing (Tier One), and then moving through digital databases (Tier Two) to the ultimate objective of real-time maritime surveillance and information exchange (Tier Three).
 
Regional Maritime Workshops
 The idea of regional maritime workshops to promote maritime awareness and coordinate work between different agencies should be opened up again. The concept and objectives of possible workshops are given in the Annex to this paper. These workshops would reflect the inter-disciplinary, cross-sectoral and international approach evident in the work of the Institute for Ocean Policy of the SOF. They would bring together middle-level practitioners from the many different regional and national agencies involved with securing the oceans for the future. They would help establish an epistemic community of maritime practitioners who share a common understanding of particular problems of the maritime domain.
 
Marine Information Directories
 Arrangements for the exchange of maritime information are underdeveloped in the region. Existing examples of maritime information sharing include the marine data center established by China in response to the ARF initiative, the MIED and the international Piracy Reporting Centre of the International Maritime Bureau (IMB) in Kuala Lumpur collecting data on piracy and armed robberies against ships. Enhanced arrangements for the collection and exchange of maritime information might be investigated.
 
Digital Marine Databases
 Advances in information technology have facilitated the compilation of databases and the exchange of information between different users and collectors of data. Digital maritime databases may contain an array of hydrographic, oceanographic, geographic, shipping route and traffic, port infrastructure and marine incidents (e.g. collisions, groundings and piracy attacks) data. This data can be analyzed and causal relationships investigated. The SMIS is an example of such a digital marine database.
 
 Data on maritime activity, to the extent that it exists at present, is available only at a national level. Many authorities collect relevant information on a national basis but often this data collection is often not even coordinated at a national level, let alone a regional one. There would be many potential benefits in establishing a free-access, open-source regional database. In particular, there is not a good database of what ships are moving where in the region and with what cargo. Significant barriers exist to the collection of this data, including commercial confidentiality and political sensitivities, but an effective response to maritime terrorism and piracy requires that the issue be pursued.
 
Real-Time Maritime Surveillance and Information Exchange
 The movements of ships on passage need to be monitored, particularly in coastal or congested waters. However, the shore side institutional arrangements to manage information on what is happening at sea and to respond to shipping security alerts are missing. This is not just information on shipping activities but might cover also fishing, marine scientific research, oil and gas exploration and exploitation, and so on. The idea of a comprehensive RMSSAR should be explored in forums such as APEC, the ARF and WPNS.
 
Further Cooperative Arrangements
 The activities discussed above might lead to, or be associated with, the implementation of more ambitious arrangements for cooperative maritime security such as the ocean peacekeeping project developed by researchers at the National Institute for Defense Studies in Tokyo between 1996 and 200022. This involved naval forces being used in joint activities for the protection of the environment such as monitoring the movement and operations of fishing vessels and evidence of ship-sourced marine pollution.
 
 However, some countries might now prefer to use their coast guards for this purpose. Coast guard vessels may be more suitable than warships for employment in sensitive areas where there are conflicting claims to maritime jurisdiction and/or political tensions between parties. Regional coast guards are expanding rapidly23. Bangladesh, the Philippines and Vietnam have all established coast guards and Malaysia and Indonesia are following suit. The anti-piracy operations by the Japan Coast Guard in Southeast Asian waters demonstrate the use of coast guards as instruments of foreign policy. The ultimate objective may well be a regional coast guard organization to provide for Ocean Security in the region.
 
Concluding Thoughts
 We frequently talk about regional maritime cooperation and its presumed benefits but there are some paradoxes. UNCLOS as the most wide-ranging, global maritime regime provides an agreed legal basis for enclosure of a significant proportion of the "global commons" by extending areas that can be claimed as territorial seas and continental shelves and leading to EEZ claims often overlapping those of a neighbor. UNCLOS thus supports nationalistic approaches to managing the maritime domain although, as has been noted, it also provides strong support for cooperation between States. This conceptual dichotomy is very apparent in the seas of East Asia and bears quite fundamentally on the prospects for maritime cooperation and regime building in these seas.
 
 Countries in East Asia share significant maritime interests but sources of conflict exist at sea largely because of the uncertain strategic environment, the incidence of maritime sovereignty disputes, and major jurisdictional problems, especially the lack of agreed maritime boundaries. Additional risks arise as a consequence of high economic growth making regional countries more dependent on SLOCs, increasing their demand for marine resources and facilitating higher expenditure on naval arms.
 
 Maritime awareness is generally lacking in the region at present but is fundamental to the implementation of a stable maritime regime and an effective regional response to terrorism and piracy. However, despite the clear benefits of improved awareness to all regional countries, past experience suggests that there are numerous obstacles to overcome before effective and enduring cooperative arrangements are introduced. An action plan to build an effective maritime conflict prevention system might start "small" with some modest awareness building activities such as outlined above. Quite simply we need to get confidence building and preventive diplomacy measures back on the agenda again.
 
ANNEX: Outline of Regional Maritime Workshops
 
ANNEX
OUTLINE OF REGIONAL MARITIME SECURITY WORKSHOPS
Concept
・Regular workshops on maritime security hosted successively by different APEC economies. Funding to be provided by APEC and/or sought from an international donor agency.
・A maximum of 40 participants for each workshop with a Director of Studies (appointed for a fixed term), Workshop Coordinator (similarly appointed), approximately six resource persons and administrative staff.
・Resource persons should be regional specialists in field such as maritime security, international relations, law of the sea, shipping and ports, regional economics and trade. They would be drawn from a pool of prospective persons from APEC economies.
・The workshops should be conducted over an intensive five-day period.
 
Objectives
 The objectives of the workshops should be to:
・develop greater awareness and knowledge of maritime security issues within the Asia Pacific;
・foster informal links and interaction between officers from different government departments and agencies with maritime security responsibilities;
・promote problem solving and cooperative approaches to maritime security;
・contribute to regional maritime confidence and security building;
・acquaint specialists on one field of maritime activity with information on what is occurring in other fields; and
・provide a forum for the generation of initiatives for regional maritime security cooperation.
 
Who Should Attend?
 The workshops should be both a socializing, educational experience and a forum for the generation of ideas and problem solving. Attendees should be sufficiently senior that they are able to contribute ideas. For example:
・middle-ranking public servants from government departments and agencies concerned with maritime security (e.g. foreign affairs, shipping, defense);
・officers from regional defense forces of Commander/Captain (Lieutenant Colonel/Colonel) rank or equivalent;
・middle management executives from the shipping and port industries; and
・academics from regional institutions with teaching and research interests in relevant fields.
 
Endnotes
1 An enclosed or semi-enclosed sea is defined in Article 122 of the 1982 UN Convention on the Law of the Sea (UNCLOS). The seas in East Asia meeting this definition include from North to South: the Sea of Okhotsk, Japan Sea (or the East Sea to Koreans), Yellow Sea, East China Sea, South China Sea, Gulf of Thailand, Sulu Sea, Celebes Sea, the Timor and Arafura Seas and the Andaman Sea. Under UNCLOS Article 123, States bordering these seas are required to cooperate in their management.
2 The author endorses fully the sentiments of the November 2002 International Conference conducted by the Institute for Ocean Policy, SOF that:
Strife over the demarcation and possession of territorial waters in the oceans is a recurring theme among the nations of East Asia. With nationalism on the rise, disputes about jurisdiction grow ever more difficult to resolve. Worse, the region's powers appear to be vying to upgrade third naval capabilities, aiming to assert sovereignty over broader areas and to establish supremacy over ocean resources.
Institute for Ocean Policy, Proceedings of International Conference on Geo Future Project: Protect the Ocean, Tokyo, November 8 & 9, 2002, p.92.
3 The conference mentioned in the preceding footnote was also advised of the trend towards "territorializing" EEZs. Ibid., p. 116. With large areas of the Western Pacific enclosed as EEZs, this trend can only serve to hamper maritime cooperation further.
4 Partnerships for Environmental Management of the Seas of East Asia (PEMSEA), discussed in another paper at this conference, is an example of the "bottom up" approach towards integrated marine environmental management.
5 Many of these measures were in the maritime domain. See Desmond Ball, "Maritime Cooperation, CSCAP and The ARF" in Sam Bateman and Stephen Bates (eds), The Seas Unite: Maritime Cooperation in the Asia Pacific Region, Canberra Papers on Strategy and Defence No 118, Strategic and Defence Studies Centre, Australian National University, Spring 1996, pp. 10-14.
6 Based on Tim Campbell, Madhavi Chavali and Kelley Reese (eds), Meeting the Homeland Security Challenge - Maritime and other Critical Dimensions, Report of Inter-agency Meeting held at The Royal Sonesta Hotel, Cambridge MA, March 25-26 2002, p.54.
7 This was agreed at the IMO International Conference on Maritime Security held in December 2002. AIS is a broadcast "transponder system" capable of sending information such as ship identification, position, course, speed (and more) to other ships, aircraft and to shore authorities.
8 When activated the ship security alert system initiates and transmits a ship-to-shore security alert to a competent authority designated by the Maritime Administration of its flag State, identifying the ship, its location and indicating that the security of the ship is under threat or it has been compromised. The system will not raise any alarm onboard the ship. The ship security alert system should be capable of being activated from the navigation bridge and in at least one other location. "Security: alert! Comprehensive measures set to enter force in 2004", IMO News, No.1, 2003, p. 10.
9 Students from other Asian countries being enrolled in the Japan Coast Guard (JCG) Academy as a contribution to measures to combat piracy is a good example of multinational education and training. Kyodo News online, 25 April 2001, http://home.kyodo.co.jp
10 Sam Bateman and R.M. Sunardi, "The Way Ahead", Bateman and Bates, The Seas Unite, pp. 279-280.
11 Resolution MSC 73(69) adopted by IMO on 29 May 1998.
12 Parry Oei, "Review of Recent Significant Technologies and Initiatives Implemented to Enhance Navigational Safety and Protect the Marine Environment in the Straits of Singapore and Malacca", Andrew Forbes (ed), The Strategic Importance of Seaborne Trade and Shipping, Papers in Australian Maritime Affairs No. 10, Canberra. RAN Sea Power Centre, 2003, p. 142
13 IMO Newsroom, "First phase of East Asia's Marine Electronic Highway takes off', http://www.imo.org/Newsroom, 24 March 2001.
14 Chris Rahman, "Naval Cooperation and Coalition Building in Southeast Asia and the Southwest Pacific: Status and Prospect", Working Paper No.7, Canberra, RAN Sea Power Centre and Centre for Maritime Policy, October 2001, p. 30.
15 Ibid.
16 Ibid.,p.39.
17 Available through the APEC Secretariat website at http://www.apecsec.org.sg. The inventory of Integrated Oceans Management Arrangements in APEC economies should be available on the website at http://www.apec-oceans.org/
19 Desmond Ball and Sam Bateman, "An Australian Perspective on Maritime CSBMs in the Asia-Pacific Region" in Andrew Mack (ed), A Peaceful Ocean? Maritime Security in the Pacific in the Post-Cold War Era, St.Leonards, Allen & Unwin, 1993, pp.158-185. Also, Captain Russ Swinnerton RAN and Desmond Ball "A Regional Regime for Maritime Surveillance, Safety and Information Exchanges", Maritime Studies, No. 78, September/October 1994, pp. 1-15.
20 Several papers in Henrik Ringbom (ed), Competing Norms in the Law of Marine Environmental Protection, London, Kluwer Law International, 1997 discuss aspects of maritime cooperation facilitated by the European Union (EU) and the European Commission. See in particular, Jacques de Dieu, "EU Policies Concerning Ships Safety and Pollution Prevention Versus International Rule-Making", pp.141-163, and Andre Nollkamper, "The External Competence of the Community With Regard to the Law of Marine Environmental Protection: The Frail Legal Support for Grand Ambitions", pp.165-186.
21 In the South Pacific, the Pacific Islands Forum (formerly the South Pacific Forum) provides a political framework for oceans governance and maritime cooperation. It was established in 1971 and has a membership of fifteen independent or self-governing countries. A description of regional maritime management in the South Pacific may be found in John Morrison, "Relationships between Australia and the South West Pacific" in Martin Tsamenyi, Sam Bateman and Jon Delaney (eds), Coastal and Maritime Zone Planning and Management - Transnational and Legal Considerations, Wollongong Papers in Maritime Policy No.2, Centre for Maritime Policy, University of Wollongong. 1995, pp.75-98.
22 Proceedings of International Conference on Geo Future Project, pp. 110-111.
23 For a discussion of the development and expansion of coast guards in the region see Sam Bateman, "Coast Guards: New Forces for Regional Order and Security", Asia Pacific Issues: Analysis from the East-West Center No. 65, Honolulu, East-West Center, January 2003







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