The Max Planck Foundation, in cooperation with the Ministry of Foreign Affairs of Indonesia, held the workshop in Jakarta, Indonesia.
From 27–29 August 2024, the Foundation and its Partners successfully convened participants from 9 ASEAN Member States and the prospective next ASEAN Member State, Timor-Leste, in Jakarta (Indonesia) for the workshop. This 3-day event facilitated discussion & exchange on various aspects of dispute settlement in the law of the sea, including the latest jurisprudence. The workshop was held with the generous support of the German Federal Foreign Office.
The in-person workshop built on previous workshop discussions (‘Peaceful Settlement of Disputes and Maritime Boundary Delimitation’, Manila 12–14 July 2022), by expanding to previously undiscussed aspects of maritime dispute settlement.
Opening remarks were provided by Ambassador Chilman Arisman (Acting Director of ASEAN Political Security Cooperation, Ministry of Foreign Affairs of Indonesia) and Ms Nina Helbach (Embassy of Germany, Jakarta).
In addition to numerous sessions led by Foundation staff, the programme featured a presentation by an invited expert. It also included roundtables and practical exercises designed to deepen discussions and facilitate mutual sharing of priorities and experiences among participants. Participants received printed copies of the complete 10-volume Comparative Study on the Implementation of UNCLOS in ASEAN Member States. They also had the opportunity to orally provide their own reflections.
The workshop kicked off with several sessions addressing the settlement of disputes under UNCLOS and its implementing agreements. This included an introductory session on the UNCLOS dispute settlement framework, followed by detailed discussions on both limitations and exceptions to the dispute settlement mechanisms under UNCLOS as well as the question of incidental jurisdiction. Following feedback from the ASEAN Region, ‘military activities’ under Part XV of UNCLOS were given particular attention. An interactive group exercise involving hypothetical cases rounded off day 1.
Day 2 began by expanding discussions to other often overlooked dispute settlement mechanisms in the law of the sea. The first session thus focused on port State Detention Review Panels, including their utilisation and successes within the region via the Tokyo MoU on Port State Control. The second session by Dr Ahmad Gusman (Universitas Padjadjaran) then highlighted how UNCLOS courts & tribunals have clarified enforcement jurisdiction at sea. The second half of day 2 was dedicated to a review and open discussion of the Comparative Study on the Implementation of UNCLOS in the ASEAN Member States, highlighting the nexus between faithful domestic implementation and dispute settlement or dispute avoidance. All 9 ASEAN Member States and Timor-Leste presented their reflections, adding additional information and perspectives as part of a continual dialogue at Foundation events.
Finally, day 3 focused on the ITLOS Advisory Opinion concerning the Request for an Advisory Opinion submitted by COSIS. Following a presentation of the proceedings and key elements of the advisory opinion, workshop participants split into groups to develop hypothetical advisory opinion requests of interest to the region, including how to address the preconditions to have standing and submit a request to ITLOS. A final quiz tested participants absorption across the 3-day workshop, before the certificates ceremony brought the workshop to a close. The Foundation shared several key law of the sea textbooks with the participants to take back to their respective ministries, a tradition that will continue at the next workshop.
The Foundation looks forward to continuing cooperation with the ASEAN Secretariat, ASEAN Member States, Timor-Leste and the academic community across diverse components of the current Project.