Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - THE LAW OF THE SEA AND MARITIME BOUNDARY DELIMITATION IN SOUTH-EAST ASIA
THE LAW OF THE SEA AND MARITIME BOUNDARY DELIMITATION IN SOUTH-EAST ASIA by Kriangsak Kittichaisaree, Legal Official, Thai Ministry of Foreign Affairs. Oxford University Press, Oxford (1987, xvii and 177 pp., plus 28 pp. Appendices and 2 pp. Index). Hardback £22.50.
The title of this volume is perhaps slightly ambiguous—it is not about the Law of the Sea in South-East Asia generally, with particular reference to maritime boundary delimitation, but is really about maritime boundary delimitation in South-East Asia. The author explores such questions as baselines for maritime zones, the delimitation of the territorial sea, the continental shelf and the exclusive economic zone, and discusses the particular problems which exist in the region in relation to islands and archipelagos, concluding with a discussion of the application of the “semi-enclosed seas” principle in South-East Asia. There are also 10 appendices containing such things as treaties and unilateral proclamations.
For the specialist in the International Law of the Sea or in Asian International Relations, this is an extremely useful volume. The author provides clear and detailed information about the different claims or potential claims of the states in the region and a fine exposition of the problems which have arisen or may arise in relation to the delimitation of their respective maritime zones. These problems are numerous and highly complex; he is to be congratulated for having provided the information in so comprehensible a manner. His exposition of the relevant rules contained in the Convention on the Law of the Sea 1982 and in the 1958 Geneva Conventions is, in general, clear and accurate. Unfortunately, he pays rather less attention to the position in customary international law. For example, in Chapter 8, his discussion of whether rocks and small islets generate continental shelves or exclusive economic zones is largely confined to Art. 121(3) of the 1982 Convention (which is not even in force), and there is no real discussion of how far this reflects customary international law or even the 1958 Continental Shelf Convention.
The author is a Legal Official with the Thai Ministry of Foreign Affairs. His professional involvement has made him very well placed to discuss these matters, and some of his comments are frank and illuminating. Unfortunately, his official position appears to have inhibited his ability to deal impartially with the position taken by his own government on different matters. Although he is perfectly prepared to criticize Thailand’s opponents, he gives unswerving support to his own country’s claims, save for the occasional indication that they could be even more extensive. This fact will inevitably detract from the authority of the book, although, as already indicated, it will remain an extremely useful tool for the specialist.
The volume is accompanied by a number of useful maps. Unfortunately, the two-page
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