The Southeast Asia Sea (SEAS) is one of the important sea lanes for international trade; however, piracy has been a major problem in the area, and it has had major impacts on economic stability and security. This is an issue that must be solved through legislative measures to create unity and to set up best practices among the nations in the region. This research, therefore, analyzes the existing legal frameworks that have so far been adopted by the SEA countries in fighting piracy, to recommend an integration framework that will foster better security and collaboration in the region. The different legal systems and ways of implementation are considered in the research for Southeast Asian countries. It focuses on the effectiveness and ineffectiveness of the existing laws, the United Nations Convention on the Law of the Sea (UNCLOS) and the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) agreements. Therefore, research grounds on the comparative analysis of the identified cases and determines the best practices which could contribute to the minimization of piracy threats and the improvement of the maritime environment conditions. In this respect, research points out that countries in Southeast Asia should cooperate to achieve a consistent legal strategy. This involves aiding in the flow of information, standardization of legal definitions and penalties for piracy as well as capacity building on law enforcement agencies. This research consequently deduces that with uniform legislation in terms of piracy, the Southeast Asian nations would be able to reinforce cooperation against piracy and in turn promote more secure marine corridors and their economic prosperity. The proposed solutions are intended to help stabilize the region and support the worldwide combat against piracy in the Southeast Asia Sea.

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Legal Position in Combating Piracy in the Southeast Asia Sea: Solution for Unified and Best Practices

  • Asmida Ahmad,
  • Nur Fazini Asro Binti Ramzi Sulaiman

摘要

The Southeast Asia Sea (SEAS) is one of the important sea lanes for international trade; however, piracy has been a major problem in the area, and it has had major impacts on economic stability and security. This is an issue that must be solved through legislative measures to create unity and to set up best practices among the nations in the region. This research, therefore, analyzes the existing legal frameworks that have so far been adopted by the SEA countries in fighting piracy, to recommend an integration framework that will foster better security and collaboration in the region. The different legal systems and ways of implementation are considered in the research for Southeast Asian countries. It focuses on the effectiveness and ineffectiveness of the existing laws, the United Nations Convention on the Law of the Sea (UNCLOS) and the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) agreements. Therefore, research grounds on the comparative analysis of the identified cases and determines the best practices which could contribute to the minimization of piracy threats and the improvement of the maritime environment conditions. In this respect, research points out that countries in Southeast Asia should cooperate to achieve a consistent legal strategy. This involves aiding in the flow of information, standardization of legal definitions and penalties for piracy as well as capacity building on law enforcement agencies. This research consequently deduces that with uniform legislation in terms of piracy, the Southeast Asian nations would be able to reinforce cooperation against piracy and in turn promote more secure marine corridors and their economic prosperity. The proposed solutions are intended to help stabilize the region and support the worldwide combat against piracy in the Southeast Asia Sea.