ABSTRACT
The 1982 United Nations Convention on the Law of the Sea (LOSC) provides four different legal regimes for navigation of ships: innocent passage in the territorial sea or archipelagic waters of a coastal state, transit passage and overflight in straits used for international navigation, archipelagic sea lanes passage and overflight, and freedom of navigation and overflight on the high seas. In South East Asia these legal regimes of navigation are present, which sets a complex legal context in which international shipping operates while confronting multiple regional maritime security issues, such as piracy and armed robbery at sea. The complexity of legal regimes of navigation is not in itself an issue that gives rise to any security concern in the maritime context. This chapter unravels these complications for navigation of ships as a maritime security challenge, with a view to establishing a holistic picture of legal issues that confront the navigation of international shipping passing through this region.
