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Papers by Alberto Encomienda
Securing the Safety of Navigation in East Asia, 2013
Abstract: In the current South China Sea political/geopolitical context, legal and political impl... more Abstract: In the current South China Sea political/geopolitical context, legal and political implications are injected into safety of navigation by lumping them into the concept Sea Lanes of Communications (SLOCs), an otherwise innocuous tool associated with safety and security of navigation through vessel traffic management, the issue of freedom of navigation. These legal/ political implications relating to Safety of Navigation in the South China Sea have been characterised as traditional security issues. A cooperative mechanism to address these issues is necessary but absent. Ocean governance issues are apart from the legal/political aspects referred to above, and characterised as non-traditional security issues. Likewise, in this area there is a total absence of a cooperative mechanism addressing ocean governance issues, although it is a maritime security concern that can be addressed separately. This chapter lays out a proposal for such a cooperative mechanism, which is already contained in UNCLOS Part IX as a general framework, and awaits good sense and the political will to implement.
Reflections of Foreign Ambassadors on SingaporeVolume III, 2014
Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
Recent Developments in the Law of the Sea and China, 2005
Think Asia-Pacific webinar series , 2020
Ocean Research Foundation, New Delhi, 2014
National Security Review, National Defense College of the Philippines, 2015
The West Philippine Sea includes the Luzon Sea as well as the waters around, within, and adjacent... more The West Philippine Sea includes the Luzon Sea as well as the waters around, within, and adjacent to the Kalayaan Island Group (KIG) and Bajo de Masinloc also known as Scarborough Shoal. The KIG is part of what is referred to as the disputed Spratly archipelago. Our estimate is that the KIG or the Spratlys are about 281,000 km 2 in area. The South China Sea has been studied in the past by the Indochina Institute of Oceanography, the Nha Trang Institute of Oceanography of Vietnam and probably also by other agencies. The latest to make joint oceanographic studies in the area were the Philippines and Vietnam. The present paper covers the geological history of the South China Sea, the Spratlys and the Palawan Island group including parts of Mindoro and Panay Islands and their rifting from the Asian continent in the past; the physical environment of the Spratlys, including the islands, shoals, and atolls and current systems in the South China Sea; the biological resources with emphasis on the coral reefs systems and the status of fish and fishery resources; the economic values of reef and pelagic fisheries; the connectivity of the biodiversity resources of the Spratlys with the Philippines and other countries; the disturbances in the area that could have a negative impact on the sustainability of fisheries and marine biodiversity; and finally recommendations on ocean governance policy and programs needed for the maintenance of the integrity of the sea environment and its resources especially no-take marine reserves and transborder peace parks. These parks, which have been proven useful in some marine areas of the world can be instruments for cooperation for research and development in areas that are claimed by several countries. These recommendations pertain to cooperative protection and management of the 2 South China Sea by maritime countries surrounding the area under the UNCLOS.
Office of Strategic Studies and Strategy Management Digest, Vol XX, No.2, 2015
Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention, Series Center for Oceans Law and Policy, Volume 13, Brill/Nijhoff, 2009
The Philippines has not designated archipelagic sea lanes (ASLs) under UNCLOS although "in the bo... more The Philippines has not designated archipelagic sea lanes (ASLs) under UNCLOS although "in the box" thinking has been that the designation of archipelagic sea lanes is necessary for the orderly transit management of foreign vessels through archipelagic waters. A new policy thrust, however, takes the view that peace, good order, and security in its archipelagic waters, and in the State itself, may be better served through the application of, and focus on, internationally established protection measures for the marine environment while guaranteeing and facilitating freedom of navigation, in lieu of designation of archipelagic sea lanes.
https://scholarspace.manoa.hawaii.edu/bitstream/10125/55292/1/Folder%2033.pdf, 2006
The environmental and ecological tragedy that resulted from the oil spill from the sinking of M/T... more The environmental and ecological tragedy that resulted from the oil spill from the sinking of M/T Solar 1 highlights the urgent need to build up and finally put into order the Philippines' archipelagic house, at least, as far as ocean governance is concerned.
This policy paper sets forth a proposal for the designation of the entire Philippines archipelago as a Particularly Sensitive Sea Area (PSSA), the adoption and implementation of associated protective measures (APMs), domestic ship routeing and sea lanes of communication backstopped by a comprehensive, fully coordinated and integrated monitoring, control and surveillance (MCS) infrastructure.
The proposal/proposition would best address in a comprehensive manner a large area of concern in the field of ocean governance for the Philippines as an archipelagic State. Furthermore, on account of its inevitable regional reach, this would hopefully, in practical terms, initiate the regional implementation of UNCLOS Part IX (Enclosed or Semi-Enclosed Seas) to guarantee regional maritime safety and security.
The Shanghai Meeting on the Regime of the Exclusive Economic Zone: Issues and Responses, 2004
Securing the Safety of Navigation in East Asia, 2013
Abstract: In the current South China Sea political/geopolitical context, legal and political impl... more Abstract: In the current South China Sea political/geopolitical context, legal and political implications are injected into safety of navigation by lumping them into the concept Sea Lanes of Communications (SLOCs), an otherwise innocuous tool associated with safety and security of navigation through vessel traffic management, the issue of freedom of navigation. These legal/ political implications relating to Safety of Navigation in the South China Sea have been characterised as traditional security issues. A cooperative mechanism to address these issues is necessary but absent. Ocean governance issues are apart from the legal/political aspects referred to above, and characterised as non-traditional security issues. Likewise, in this area there is a total absence of a cooperative mechanism addressing ocean governance issues, although it is a maritime security concern that can be addressed separately. This chapter lays out a proposal for such a cooperative mechanism, which is already contained in UNCLOS Part IX as a general framework, and awaits good sense and the political will to implement.
Reflections of Foreign Ambassadors on SingaporeVolume III, 2014
Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
Recent Developments in the Law of the Sea and China, 2005
Think Asia-Pacific webinar series , 2020
Ocean Research Foundation, New Delhi, 2014
National Security Review, National Defense College of the Philippines, 2015
The West Philippine Sea includes the Luzon Sea as well as the waters around, within, and adjacent... more The West Philippine Sea includes the Luzon Sea as well as the waters around, within, and adjacent to the Kalayaan Island Group (KIG) and Bajo de Masinloc also known as Scarborough Shoal. The KIG is part of what is referred to as the disputed Spratly archipelago. Our estimate is that the KIG or the Spratlys are about 281,000 km 2 in area. The South China Sea has been studied in the past by the Indochina Institute of Oceanography, the Nha Trang Institute of Oceanography of Vietnam and probably also by other agencies. The latest to make joint oceanographic studies in the area were the Philippines and Vietnam. The present paper covers the geological history of the South China Sea, the Spratlys and the Palawan Island group including parts of Mindoro and Panay Islands and their rifting from the Asian continent in the past; the physical environment of the Spratlys, including the islands, shoals, and atolls and current systems in the South China Sea; the biological resources with emphasis on the coral reefs systems and the status of fish and fishery resources; the economic values of reef and pelagic fisheries; the connectivity of the biodiversity resources of the Spratlys with the Philippines and other countries; the disturbances in the area that could have a negative impact on the sustainability of fisheries and marine biodiversity; and finally recommendations on ocean governance policy and programs needed for the maintenance of the integrity of the sea environment and its resources especially no-take marine reserves and transborder peace parks. These parks, which have been proven useful in some marine areas of the world can be instruments for cooperation for research and development in areas that are claimed by several countries. These recommendations pertain to cooperative protection and management of the 2 South China Sea by maritime countries surrounding the area under the UNCLOS.
Office of Strategic Studies and Strategy Management Digest, Vol XX, No.2, 2015
Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention, Series Center for Oceans Law and Policy, Volume 13, Brill/Nijhoff, 2009
The Philippines has not designated archipelagic sea lanes (ASLs) under UNCLOS although "in the bo... more The Philippines has not designated archipelagic sea lanes (ASLs) under UNCLOS although "in the box" thinking has been that the designation of archipelagic sea lanes is necessary for the orderly transit management of foreign vessels through archipelagic waters. A new policy thrust, however, takes the view that peace, good order, and security in its archipelagic waters, and in the State itself, may be better served through the application of, and focus on, internationally established protection measures for the marine environment while guaranteeing and facilitating freedom of navigation, in lieu of designation of archipelagic sea lanes.
https://scholarspace.manoa.hawaii.edu/bitstream/10125/55292/1/Folder%2033.pdf, 2006
The environmental and ecological tragedy that resulted from the oil spill from the sinking of M/T... more The environmental and ecological tragedy that resulted from the oil spill from the sinking of M/T Solar 1 highlights the urgent need to build up and finally put into order the Philippines' archipelagic house, at least, as far as ocean governance is concerned.
This policy paper sets forth a proposal for the designation of the entire Philippines archipelago as a Particularly Sensitive Sea Area (PSSA), the adoption and implementation of associated protective measures (APMs), domestic ship routeing and sea lanes of communication backstopped by a comprehensive, fully coordinated and integrated monitoring, control and surveillance (MCS) infrastructure.
The proposal/proposition would best address in a comprehensive manner a large area of concern in the field of ocean governance for the Philippines as an archipelagic State. Furthermore, on account of its inevitable regional reach, this would hopefully, in practical terms, initiate the regional implementation of UNCLOS Part IX (Enclosed or Semi-Enclosed Seas) to guarantee regional maritime safety and security.
The Shanghai Meeting on the Regime of the Exclusive Economic Zone: Issues and Responses, 2004