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Research Resources on Law of the Sea and the Indian
Ocean Region: Issues for Law Librarians
Vivian Louis Forbes
Map Curator, University Library, University of Western Australia
Adjunct Associate Professor, Department of Spatial Sciences, Curtin University
INTRODUCTION
The mechanism and the guidelines for the establishment and formal recognition of
national maritime limits of coastal states are contained in the Third United
Nations Convention of the Law of the Sea, hereinafter referred to as the 1982
Convention. 1 The 1982 Convention concluded on I 0 December 1982 after nearly
a decade of negotiations. By November 1993, sixty nations had ratified the
Convention. According to its own Article 308, the 1982 Convention entered into
force on 16 November 1994, a year from the date of the deposit of the 601h
instrument of ratification or accession By 18 September 2000, ope hundred and
thirty four states and political entities had ratified the 1982 Convention signifying
their acceptance, in general, of the obligations and rights that have been provided
in the legal-politico document The Maldives deposited its instrument of
ratification on 7 September 2000
GEOGRAPHICAL SETTING
The Indian Ocean Basin is the third largest of the world's oceans . It and its
adjacent seas cover about 14 per cent of the Earth's surface . The limits of the
Indian Ocean for this study are extended to include the 1 ones Strait, the Malacca
Strait, Straits of Singapore and the seas within the Indonesian archipelago south of
the equator . The Indian Ocean Basin comprises the Red Sea, the Gulfs of Tiran
and Aqaba, the Gulfs of Aden and Oman, the Persian Gulf (Arabian Gulf), the
Arabian Sea, the Laccadive Sea, the Bay of Bengal, the Andaman, Arafura and
1
The Law of the sea official text of the United Nations Convention on the Law of the Sea with
annexes and index final act of the Third United Nations Conference on the Law of the Sea
introductory material on the convention and the conference 1983, United Nations, New York
305
Australian LAW LIBRARIAN 8(4)2000
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Timor Seas and the Mozambique Channel. This study accepts that the waters of
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the Indian Ocean extend south of the Antarctic Circle . It does not recognise the
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existence of a generic Southern Ocean or Antarctic Ocean.
2
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t
In the context of this study, the Indian Ocean Region comprises 36 nation-states
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and two dependencies. The countries are:
a
Australia, Bahrain, Bangladesh,
Comoros, Djibouti, Egypt, Eritrea, Ethiopia, India, Indonesia, Iran, Iraq, Israel,
Mauritius,
c
Mozambique, Myanmar, Oman, Pakistan, Qatar, Saudi Arabia, Seychelles,
e
Singapore, Somalia, South Africa, Sri Lanka, Sudan, Tanzania, Thailand, United
a
Arab Emirates, and Yemen. The United Kingdom claims sovereignty over the
c
Chagos Archipelago (although this is disputed by Mauritius), whilst Mayotte and
b
Jordan,
Kenya,
Kuwait,
Madagascar,
Malaysia,
Maldives,
Reunion, together with some smaller island groups, are Overseas Territories of
France Australia, India and Yemen also lay claim to some small islands and
1
island groups within the Indian Ocean Basin
A
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INTERNATIONAL POLITICAL BOUNDARIES
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International political boundaries continue to evolve in terms of their definition,
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functionality and location. With over 200 independent states and about 35
h;
dependencies in the world at the beginning of the 21st century, the study of
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boundary delimitation has become increasingly complex International political
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boundaries in general, and maritime boundaries in particular, are rarely congruent
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with geographical features. Negotiations based on legal, technical, historical and
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socioeconomic aspects are factors that must be considered in the determination
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and delimitations of international political boundaries and maritime jurisdictional
zones. Practitioners and researchers from various disciplines have all played
su
important roles in the determination, demarcation and delineation of boundaries.
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re
The depiction of international political boundaries on maps has, in some instances,
resulted in prolonged bitter boundary disputes which have soured diplomatic
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relations in recent years Every week there is some potential flashpoint in a
2
Forbes, V. L. I995, The Maritime Boundaries of the Indian Ocean Region, Singapore University
Press, pp 27-33
Australian LAW LIBRARIAN 8(4 )2000
306
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Se1
Ur
borderland area, an infringement into a state's territorial waters, or a dispute over
sovereignty to arr island or group of islands somewhere in the world. Minor
skirmishes have taken place on the Arabian Peninsula between Iraq and Kuwait,
between Saudi Arabia and Yemen, and between Bahrain arrd Qatar Other flash
points have been in Eritrea, Ethiopia, India, Myanmar, Pakistan, Somalia, Sudan
arrd Timor Islarrd.
On 12 June 2000, Yemen and Saudi Arabia signed an agreement in Jeddah which
established arrarrgements for the demarcation of nearly 1,500 kilometres of land
and maritime borders Joint committees headed by the Interior Minister from each
country will implement the agreement and authorise the demarcation of the agreed
boundary.
DEFINING A BOUNDARY AND TERRITORY
A territory in the context of this study is an extent of land and/or water under
jurisdiction - actual or perceived - of a sovereign state . Any study of territory is
closely linked with boundaries. Boundaries vary in importance, permanence and
visibility, and with the precision with which they can be defined 3 Boundaries may
have considerable width or they may be narrow, defined by a series of lines
linking specified geographical coordinates For the purposes of delineating the
territorial boundary along natural features, the line on the map or chart will follow
the watershed in the case of the mountain rarrge and generally the deep-water
charrnel or mediarr line in the case of a stream, river, channel, bay, gulf and the
sea . Mountain rarrges and river courses are considered 'natural' boundaries and
have in many instances been used as political boundaries The Himalayas of the
sub-continent of India is such an example The Mekong River is used as the
territorial boundary between Laos and Thailand, and a portion of the lower
reaches of the Ganges Delta separates Bangladesh arrd India
Three of the most common mearrs of defining an international political boundary
3
Forbes, V. L 1997, Conflict and Cooperation in Managing Maritime Space in Semi-enclosed
Seas, doctoral thesis, The University of Western Australia (fmthcorning publication by Singapore
University Press- 2000), p 35
307
Australian LAW LIBRARIAN 8(4)2000
are by using:
•
a parallel of Latitude and/or a meridian of Longitude or segments thereof;
•
a water boundary, such as a stream, lake or other body of water;
•
a divide between two drainage basins
The first of the three depends for its exactitude on the work of the geodetic surveyor.
There is no doubt as to the intent of the text when geographical coordinates are
specified. The utilisation of a divide between two drainage basins and a ridge of
surmnits for a boundary has considerable merit to support it, as it tends to be a natural
barrier to confine political, economic and even cultural activity to some extent Where,
by treaty or statute, a river or stream is the boundary between neighbouring states, and
if neither the bank nor the main channel is specified, then the line midway - the median
line - between the two banks, or the line joining the deepest points along that water
course, is considered the actual boundary.
Generally, the agreed boundary will not change if there is any subsequent change to the
river course either by natural or artificial causes. This consideration is cited in many
bilateral border agreements with a recent exan;tple being the Peace Treaty of 26
October 1994 between Israel and Jordan 4 Annex l(a) of this treaty states that: 'The
boundary shall follow the middle of the main course of the flow of the Jordan and
Yarmouk Rivers' However, where a navigable river constitutes the boundary between
two states, the line ofjurisdiction is established to be in the middle of the channel, or the
deepest or best navigable channel, often refened to as 'fairway', 'main channel',
idway' or 'thalweg'.
The delimitation of a geometrical (terrestrial or maritime) boundary is often too rigid.
No power, or insufficient power, is given to the negotiators to make deviations. A
boundary when determined may divide a town or village and may even separate
families and households . A segment of the international political boundary between
Israel and Lebanon runs along the top of a tombstone
4
Forbes, V L 1995, 'The Israel/Jordan peace treaty: an analysis', The Indian Ocean Review, vol
7, no. 4, pp 14-15
Austwlian LAW LIBRARIAN 8(4)2000
308
MAPS AND CHARTS
Any study of territories, borders, frontiers and boundaries is closely linked to
maps and charts. To supplement such a study it would be necessary to view the
text of the treaties or documents that were signed by the representatives of the
parties to the agreement A boundary map portrays the limits of properties or
territories It is specifically produced for the purpose of delineating a boundary
line or frontier. Maps and charts are generally accepted as essential instruments in
the arbitration of territorial claims and disputes However, in the Eritrea/Yemen
Arbitration Case, which history will record as an important hearing in
international adjudication and arbitration, the Awards stressed an awareness by
the Tribunal that:
Western ideas of territorial sovereignty are strange to peoples brought up
in Islarnic tradition and familiar with notions of territory very different
from those recognised in contemporary international law
The dispute was settled by means of two Awards rendered unanimously by the
Five-Member Arbitral Tribunal, namely the Territorial Sovereignty and Scope of
the Dispute Award (Phase I) of 9 October 1998 and the Maritime Delimitation
Award (Phase II) of 17 December 1998. Both parties to the dispute presented the
Tribunal with all relevant historical, factual and legal considerations including
large and small-scale charts and maps.
On a small-scale map it would be unreasonable to expect an accurate
representation of a boundary between two states. A small-scale map, by
definition,
portrays
a relatively
large
portion
of
the
Earth's
surface
cartographically with generalised information, symbolism and delineated lines A
large-scale map or chart on the other hand would be an ideal medium to employ
but there are limitations: a large number of maps or charts would be required
especially if the boundary is exceptionally long
BOUNDARIES AND MAPS
The actual location of a boundary on the earth's surface has frequently been a
problem because of the lack of knowledge of the physical features of the
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Australian LAW LIBRARIAN 8(4)2000
topography by those who defined the course of the boundary. Other reasons would
include lack of clarity in description, errors in surveying and the interpretation of
survey data when transferring it to a graphic form. Such was the case, in a minor
skirmish on 12 October 1999, when Australian troops in East Timor were
confronted by Indonesian troops at a border town called Motaain (MatoAin) The
Australians were equipped with a modem Indonesian map of the region and the
Indonesian troops allegedly had an outdated Dutch map of the town This is not to
say that the old maps were inaccurate Rather, they are to be admired for their
historical value
Old (out-dated) maps highlight many errors easily recognisable from our current
(updated) knowledge of cartography, geography and surveying. In recent times,
the use of satellite imagery and other remotely sensed data has greatly assisted in
the representation of boundary lines on a map The United Nations Iraq/Kuwait
Boundary Demarcation Commission (IKBDC), in the period following the war
between Iraq and Kuwait in 1991, employed these technologies in the
determination and demarcation of the land and sea boundary between two states
The Commission's work was published in 1993 5 Similarly, orthophotomaps and
satellite imagery were utilised in the process of demarcating the terrestrial border
and the maritime boundary between Israel and Jordan.
6
Without the use of maps and charts, treaty makers find it difficult to define the
limits of sovereignty of a political entity and consequently make it even more
difficult to demarcate the border on the ground. Furthermore, inexact wording has
frequently made ambiguous the intent of the signatories of the document
delimiting the boundary.. A classic case was that of the boundary that separated
Iraq and Kuwait prior to 1990 It was determined as lying '. one mile south of the
palm tree of Safwan
' or some similar vague description . Disputes, and even
hostility, have resulted over the interpretation of treaties and boundary
demarcation.
5
Forbes, V. L 1993, 'Pillars in the sands; demarcation of the Iraq/Kuwait border in 1992', The
Indian Ocean Review, vol 6, no 1, pp 14-18.
6
Forbes, V L 1995, 'The Israel/Jordan Peace Treaty: an analysis', The Indian Ocean Review, val
?,no 4,pp 14-15
Australian LAW LIBRARIAN 8(4 )2000
310
Surveying methods and practices have greatly improved, particularly since the
mid-1980s Given the accuracy of electronic instrumentation with high precision,
angular and distance measurements are of a very high order Position-fixing
employing satellites, handheld geo-positioning systems and very precise timekeeping devices have enabled land and hydrographic surveyors to carry out their
tasks with greater efficiency . Likewise cartographic technology and education has
made the task of portraying the surveyed data on the map, chart or visual-display
screen much easier and more informative for the geographer, lawyer, politician,
government administrator and mariner to study
MARITIME BOUNDARIES
Delimitation of maritime boundaries is a more difficult exercise than demarcating
land boundaries The first step towards defining the maritime limits of a coastal
state is the establishment and proclamation of the 'territorial sea baseline' It is
from this baseline system or datum that the suite of maritime claims will be
measured The waters landward of the baseline system are termed 'internal
waters' The 'normal baseline' of a coastal state is the low water mark along the
coast as marked on the authorised chart of the state.
Deter~ing
that mark
however, can be difficult, particularly in areas with a gently shelving shoreline, a
high tidal range, or when the alignment of coastline tends to change direction
A 'territorial sea' or territorial waters zone of a maximum width of 12 nautical
miles (nm) seaward of the baseline 7 may be claimed by a coastal or island state.
An additional 12 nautical miles adjacent to and seaward of this belt, referred to as
a 'contiguous zone' 8 may also be claimed by the coastal state The state may also
claim an 'exclusive economic zone' (EEZ) to a distance of 200 nm measured from
the baseline 9 Within this zone the coastal state may permit aliens to operate a
particular fishery venture or carry out scientific or exploratory research and in
certain instances assist in the exploitation of marine mineral resources. Only the
resources within this zone are exclusive to the coastal state
7
Article 3
Article 33
9
Article 57
8
311
Australian LAW LIBRARIAN 8(4 )2000
A fifth maritime regrme rs that of the 'continental shelf'. 10 The precrse
delintitation of the outer edge of the continental shelf of a coastal state is a
complex issue . The problem is compounded when other states in close proxintity
share the shelf and in instances where the distance between opposite neighbours is
less than 400 nautical miles . A continental shelf boundary may therefore need to
be negotiated.. The delimitation of such a line is generally based on the principle
of a median line or equidistant line . Geographical reality dictates that determining
such a line is not so easy . The precise boundary-marking becomes difficult when
there are off-shore islands, deeply-indented bays and other geographical features
other than a smooth straight coastline as witnessed in the deterntination of the
maritime boundary between Australia and Indonesia in the Arafura and Timor
Seas
Thus, the continental shelf boundary between two coastal states will in most
instances be a line or a series of lines on the chart(s) connecting all points, which
are equidistant from the nearest land feature or baseline from which the territorial
sea for each country is measured.. Of the more than 60 potential maritime
boundaries in the Indian Ocean basin, 28 have been determined so far.
11
}
Figure 1
portrays the agreed and hypothetical seabed boundaries of the Indian Ocean basin .
Having defined the types of maritime jurisdictional zones and differentiated
between a terrestrial border and a maritime boundary, it is necessary now to
8
discuss the potential resources available to the researcher
I
POTENTIAL REFERENCE SOURCES
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A thorough examination of theories and processes of maritime boundary
n
determination requires that the topic covered is studied by several disciplines.
d
Thus a multi-disciplinary approach must be adopted synthesising knowledge from
E
d
10
Articles 76-85
Forbes, V. L 1995, Indonesia·s Maritime Boundarie.s, Malaysian Institute of Maritime Affairs,
Kuala Lumpur; Charney, J I. and Alexander, l M (Eds) 1993, International Maritime
Boundaries, 3 volumes, Nijhoff, The Hague
11
ll
c
t:
Australian LAW LIBRARIAN 8(4)2000
312
"
r
..,.,!-'---'------ ,tx:_,.......
~-·
.-·'
~--"--------.,.
AGREEOANDHYPOTHETICAl
.-..
SEABED BOUNDARIES
OFnrEINDlANOCEAN
Zones of Cooperation
1 ·· Australia /Indonesia
r---------~-=·
2 Malaysia I Thailand
- - Agreed Boundary
®
Fr ··France
Hypothetical Boundary
3- Bahrain I Saudi Arab1a
Joint Development Zone (JDZ)
4 ·· Saudi Arabia I Qatar
Au -Australia
200 nautical mile limit
5 ·· Saudi Arabia I Sudan
In -lnd1a
.• · · .·
_,.;; · ····--····· .. _ _ _ _:.:..::.__ _ _ _-,-_ _;'""c:;:._--Y.,J..J;!O<!lrbes>=!!!'--__;'-c.:._-.il
Figure 1
Agreed and hypothetical seabed boundaries of the Indian Ocean Region
political scrence, history, physical and political geography, manne geology,
hydrography, cartography, oceanography, maritime studies including navigation,
and international law.
It is a general rule of international customary law that terrestrial and maritime
boundaries are established by negotiation between the nations concerned. The
main source for such a study is the information contained in the official
documents and legal instruments of the relevant coastal and island states.
Examples of primary documents researchers may wish to access include
declarations, such as the Proclamation 12 on 14 February 1983 which defines the
inner limit of a part of the territorial sea of Australia; a list of geographical
coordinates utilised to determine the straight baselines of a coastal state; and the
12
Proclamation published in Commonwealth of Australia Gazette S29, 9 February 1983.
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Austtalian LAW LIBRARIAN 8(4)2000
Exclusive Economic Zone Act, I 984 of Malaysia 13 For the determination of the
(
seabed boundmy between coastal states it is necessmy to gain access to the
1
relevant bilateral or trilateral agreements made by pmties to the negotiations such
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as the Timor Gap Treaty 1989, The Torres Strait Treaty 1979, and the Seabed
~
Boundary Delimitation Agreement Between Indonesia and Malaysia, 1969
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The publications of the United Nations, which me listed on the web page on the
11
United Nations Division for Ocean Affairs and the Law of the Sea, me a useful
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source for any research relating to the law of the sea 14 At this site resemchers and
a
Jaw librarians will find a treasure trove of documents that include annual reports
s
to the Secretary-General, resolutions and decisions, debates in the General
1
Assembly on Jaw of the sea issues, reports of action taken by competent
international organisations and meetings of states parties to the Convention, the
International Seabed Authority and the International Tribunal for the Law of the
c
Sea
1:
p
The United Nations Treaty Collection is maintained under Article 102 of the
p
Charter of the United Nations, which states that
0
d
Every treaty and every international agreement entered into by any member
of the United Nations after the present Charter comes into force shall as
soon as possible be registered with the Secretariat and published by it
F
u
c
The collection includes five categories of treaty-related data:
tt
•
status of multilateral treaties deposited with the Secretary-General
o
the United Nations Treaty Series
o
texts of recently deposited multilateral treaties
F
•
photographs of treaty signature ceremonies
a
o
titles of the multilateral treaties deposited with the Secretary-General in the
c
UN official languages
s
a
L
!I
13
Exclusive Economic Zone Act 1984 (Malaysia)
14
http://www.un.org/Depts/los/los docs.htm
Austtalian LAW LIBRARIAN 8(4)2000
314
p
Other sources, albeit secondary, are the Limits in the Sea series prepared since
1970 by the Geographer of the State Department of the United States of America,
the publications of the International Boundaries Research Unit, Dmham, and the
Netherlands Institute of the Law of the Sea IBRU' s commitment to the
dissemination of boundary-related information has taken a number of forms At
the forefront of the IBRU' s work is an active publication programme which began
in 1989 It was formalised in 1993 with the launch of the quarterly Boundary and
Security Bulletin and two series of briefings, Boundary and Territory Briefings
and Maritime Briefings. In these publications researchers will discover analytical
studies which may include a reproduction of the full text of the Agreement or
Treaty that establishes an international political boundary
Supplementing the authentic documents mentioned above are the published works
of researchers and specialists in the disciplines of political science, international
law, political geography and the marine science. Other somces include the
proceedings of conferences on maritime law and ocean development; reports
produced by the various government and non-government authorities within and
outside the Indian Ocean basin, and related literature on maritime boundary
delimitation
Problems are encountered in collecting data on the maritime claims and ocean
utilisation policy of coastal states from reports, official documents, maps and
charts delineating their proclaimed territorial sea baseline and the width of the
territorial sea zone Whereas states are required to deposit copies of charts, maps
and/or lists of the geographical coordinates with the United Nations Office for the
Law of the Sea, there is often a time delay for such action to be taken
Fmthermore, delays occur in making the information public . A number of states
are reluctant to forward information of this natme to researchers . In particular,
countries like India, Pakistan, Malaysia, Saudi Arabia and Yemen maintain that
such documents relate to sensitive issues of state. On the other hand, states such as
Australia, Mauritius and South Africa are usually obliging and prompt in meeting
requests for the data on their respective limits of maritime jurisdiction Indeed,
primary documents from these States are often in the public domain
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Australian LAW LIBRARIAN 8(4)2000
An important limitation in the study of boundary determination stems from the
political issues that persist in the region, resulting in long delays in the
negotiations of maritime boundaries Such issues include the enduring Middle
(
East conflict, the political instability in Sri Lanka, the Indo-Pakistani border
dispute in the Kashmir region, and the reluctance of littoral and island states of the
I
western margin of the Indian Ocean to settle their territorial differences.
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CONCLUSION
The determination and delimitation of maritime boundaries between adjacent or
1
opposite states can be particularly complex. This is due, firstly, to the need to
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survey and define agreed baselines from which to measure national maritime
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zones, and secondly, the lack of clarity of some of the relevant international law,
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particularly that relating to continental shelves where different criteria can apply.
I
Obtaining access to the primary documents is perhaps the most difficult aspect of
s
research. To this end the law library of a tertiary education organisation, the
f
municipal library and/or the national library should endeavour to acquire all
e
documents from the national agencies, authoriti"s and government publishers
(
1
c
1
I
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Australian LAW LIBRARIAN 8(4)2000
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