Date of Award

1989

Degree Type

Major Paper

Degree Name

Master of Arts in Marine Affairs

Abstract

The 1982 Third United Nations Convention on the Law of the Sea provides only broad guidelines for many matters. One such area is in the provision of enforcement rights to the coastal State in the exclusive economic zone (EEZ). Thus, the specifics have to be worked out by the concerned nations in their domestic legislation. This expansive latitude may occasion the lack of uniformity in coastal States' EEZ laws and regulations. These different legislation may foster incompatible enforcement policies on the part of the coastal States which in turn may cause international friction. Harmonization of laws is the deliberate alignment of laws and policies of different nations for the purpose of fulfilling their national interests. Harmonization is a safe and less expensive means of international cooperation. With respect to the ASEAN (Association of Southeast Asian nations) countries, the one area where such harmonization may be possible pertains to the adoption of uniform enforcement policies. In order to effect harmonization of enforcement laws, the ASEAN countries have to have a model legislation upon which they can tailor their own legislation. In this way, there will be identical or at least similar provisions governing the enforcement procedures of these States in the EEZ. This paper presents this model legislation.

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