SESSION 4

REGIME COMPLEXITIESOF SINGLE LINE AND DUAL LINE BOUNDARIES:

INDONESIA POLICY

Bebeb A.K.N Djundjunan

Director for Legal Affairs and Territorial Treaties

Ministry of Foreign Affairs

INDONESIA ©2019

Year: 2017

NEIGHBOURING COUNTRIES

SINGLE LINE MARITIME BOUNDARY

• Under UNCLOS 1982, the provisions dealing with the delimitation of the EEZ and continental shelf was formulated in order to achieve an equitable result. – [Article 74 (1) and Article 83 (1)]

• Several maritime boundary agreements applies the single boundary line of EEZ and CS

The Gulf of Maine Case

In that regard, moreover, it can be foreseen that with the gradual adoption by the majority of

maritime States of an exclusive economic zone and, consequently, an increasingly general

demand for a single delimitation, so as to avoid as far as possible the disadvantages inherent in a

plurality of separate delimitations

Yacouba and McRae’s

trend in state practice, as well as in jurisprudence, demonstrates that the water column of the EEZ and

Continental Shelf can be delimited by a single maritime boundary

INDONESIAN MULTIPLE LINE MARITIME BOUNDARIES

The Question

• Is Single Boundary Line compulsory under international law?

• Despite the State practices, has it crystallized into Customary International Law?

Why separate line?

• Considering that EEZ and Continental Shelf concern different types of resources, equitable solution for division of the EEZ resource and Continental Shelf resource of the seabed would be different, as stipulated in Article 74 (1) and 83 (1) UNCLOS.

• Most of the Continental Shelf Agreements between Indonesia and its neighboring countries were concluded prior to the adoption of UNCLOS 1982.

• Early projections indicate that EEZ lines would fall differently from the existing CS lines.

• Continental Shelf

Boundary Treaties

1971, 1972, and

1997 (1396.22 nm)

• EEZ Boundary

Treaty 1997

(1814.56 nm) not

ratified yet

Indonesia - Australia

Source: BIG, 2018

RI - The Philippines

DONE

Economic Exclusive Zone (EEZ) (Agreement2014) ratified

PENDING

Continental Shelf Boundary

RI - India

DONE

Continental Shelf Boundaries

• Andaman Sea (1974 Agreement)

• Extended Segment (1977 Agreement)

PENDING

EKXCLUSIVE ECONOMIC ZONE

India look into possible single line for CSand EEZ. RI guided on the principle of EEZand CS is a two different rezime and maynot be in a single line, but may also lookinginto two different agreement or oneagreement two different lines.

RI - VietnamDONE

Continental Shelf(2003 Agreement)

30 years of negotiation

PENDING

- Exclusive Economic Zone Boundary

- Negotiation since 2010: 11 Technical Meetings and informal consultations

RI - Thailand

DONE

CONTINENTAL SHELF BOUNDARY

• Strait of Malacca/ Andaman Sea Segment (1971 Agreement)

• Andaman Sea Segment (1975 Agreement)

PENDING

Exclusive Economic Zone Boundary

Thailand wants a single boundary line

DONE

• Territorial Sea Boundary Tanjung Rhu – Pulau Iju (1970 Agreement)

• Continental Shelf Boundary (1969 Agreement)

PENDING

• Northern Part of the Strait of Malacca (EEZ)

• Southern Part of the Strait of Malacca (Territorial Sea)

• Malaysia hold single line principle CS dan EEZ, RI sees EEZ and CS are a different rezime and no need to be in one single line or reflected into possible one line two separate/different agreement.

RI - Malaysia (Strait of Malacca)

DONE

CONTINENTAL SHELF BOUNDARY

• Western Part of the South China Sea Segment (1969 Agreement)

• Eastern Part of the South China Sea Segment (1969 Agreement)

PENDING

• Territorial Sea(near Tanjung Datu)

• Exclusive Economic Zone Boundary

RI - Malaysia (South China Sea)

MINISTRY OF FOREIGN AFFAIRSREPUBLIC OF INDONESIA

Directorate of Legal Affairs and Territorial TreatiesMinistry of Foreign Affairs of the Republic of IndonesiaMain Building 11th Floor, Jl. Taman Pejambon No. 6, Jakarta 10110, IndonesiaPhone: +6221 384 9618, Fax: +6221 352 4154

Bebeb A.K.N. DjundjunanEmail: - djundjunan23@gmail.com- bdjundjunan@kemlu.go.id