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ITLOS to help settle sea border disputes

Dwi Atmanta (The Jakarta Post)
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Hamburg
Wed, September 25, 2019

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ITLOS to help settle sea border disputes Maritime diplomacy: A model of a traditional pinisi boat is shown after its hand-over Tuesday by (from left) the president of the International Tribunal for the Law of the Sea (ITLOS), Paik Jin-hyun, the deputy to the coordinating maritime affairs minister, Safri Burhanuddin, and Indonesian Ambassador to Germany Arif Havas Oegroseno. The model of the legendary South Sulawesi schooner is to decorate the ITLOS headquarters in Hamburg, Germany. (JP/Dwi Atmanta)

T

he International Tribunal for the Law of the Sea (ITLOS) is encouraging parties and non-parties to the United Nations Convention on the Law of the Sea (UNCLOS), including Indonesia, to seek the independent judicial body’s mediation in settling their maritime boundary disputes.

Paik Jin-hyun, the ITLOS president, said on Tuesday the nations had better come to the international body if they could not resolve their disputes through bipartite negotiations. “We can help settle disputes peacefully,” he said after receiving a replica of South Sulawesi’s traditional pinisi boat from Safri Burhanuddin, the Office of the Coordinating Maritime Affairs Minister’s deputy for human resources, science and technology and maritime culture.

The tribunal has jurisdiction over any dispute concerning the interpretation or application of the convention and its decisions are final and legally binding. It comprises 21 judges who are elected from among figures known for their fairness and integrity and competence in the field of the law of the sea. No Indonesian has been elected to the bench, although the country is the world’s largest archipelagic state.

Since its establishment in November 1994, the Hamburg-based ITLOS has heard 27 cases, mostly disputes related to activities of vessels.

Indonesia is one of the most active states in pursuing maritime border agreements, having entered into 18 delimitation treaties on maritime zones with its neighbors, Malaysia, the Philippines, Singapore, Thailand, Vietnam, India, Australia and Papua New Guinea. Last June Indonesia and the Philippines ratified their exclusive economic zone (EEZ) boundary.

Safri underlined the need for Indonesia to be represented on the tribunal, saying this could help the country solve many cases concerning implementation of the law of the sea it was dealing with. “The Foreign Ministry needs to step up efforts to have a representative on the tribunal,” he said.

The tribunal’s current bench is composed of five judges apiece from Asia and Africa, three from Eastern Europe and four from Latin America/Caribbean and Western Europe respectively.

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