Drafting Effective Legislation in Compliance with UNCLOS workshop held in Jakarta for officials from Southeast Asia

The Max Planck Foundation co-hosted the workshop in cooperation with ASEAN and the Ministry of Foreign Affairs of Indonesia.

On 16-20 December 2024, the ASEAN-Germany Cooperation Project successfully delivered a workshop on the implementation of UNCLOS in Southeast Asia through the lens of legislative drafting, quality and effectiveness. The workshop was held with the generous support of the German Federal Foreign Office.

Grounded in an analysis of national maritime laws of ASEAN Member States and drawing from the Foundation’s Comparative Study of the Implementation of UNCLOS in Southeast Asia, it examined the guiding principles, standards and drafting techniques for harmonising national legislation in the context of the law of the sea.

This five-day practical workshop brought together a diverse group of legal and policy officials from multiple institutions representing ASEAN Member States & Timor-Leste.

Several Members of the Committee of Permanent Representatives of ASEAN Member States were in attendance for the opening session on the findings of the Foundation’s ‘Comparative Study of the Implementation of UNCLOS in Southeast Asia’. Hard copies of the individual country reports were also provided to all participants and representatives.

The programme featured numerous sessions by Foundation research fellows addressing the findings of the Comparative Study on, for example, navigational rights and rules in straits, which were integrated with sessions on drafting standards and techniques for enabling effective implementation, enforcement and compliance of national legislation.

The programme featured sessions from regional experts on the Indonesian perspective on IUU fishing and the BBNJ agreement, fostering regional dialogue and knowledge exchange on national experiences, challenges and implementation requirements. These were insightful sessions delivered by Andreas Salim (Indonesia Ocean Justice Initiative) and Dr Zaki Mubarok (Legal Department, Ministry of Marine Affairs and Fisheries, Indonesia). Best practices and guidance for the design, development and drafting of effective legislation were also discussed with comparative illustrations in various practical sessions delivered by Associate Research Fellow Dr Maria Mousmouti (Institute of Advanced Legal Studies, University of London).

In addition, the workshop also provided an excellent opportunity for participants to visit the ASEAN headquarters to gain a deeper understanding of the ASEAN community based on an engaging interaction and briefing by the Deputy Secretary-General of ASEAN, H.E. Nararya S Soeprapto. Opportunities for optional bilateral consultations were also provided between Foundation research fellows and participants for follow-up discussions on UNCLOS implementation and technical legal advice on national regulations.

Participants reflected on the key takeaways of the workshop, shared their country experience challenges and proactively discussed ways to apply the lessons learned towards supporting the respective institutions achieve their intended regulatory goals.

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 ASEAN-Max Planck Foundation Project.