Combatting Piracy and Armed Robbery Against Ships in Southeast Asia: The Way Forward

According to the Annual Reports of the International Maritime Bureau on Piracy and Armed Robbery Against Ships for calendar years 1998, 1999, and 2000, there has been a dramatic increase in the number of reported incidents of piracy and armed robbery against ships in waters in Southeast Asia, especially in the Malacca Strait and in Indonesian waters. Very few of the incidents in Southeast Asia are "piracy" as defined in international law because they took place in waters under the sovereignty of a coastal state. Nevertheless, many of the incidents posed serious threats to the safety of international maritime navigation. Some were offences under the 1988 Convention for the Suppression of Acts Against the Safety of International Maritime Navigation. Some were also major criminal hijacks involving international organized crime. There has been considerable action at both the global and regional levels to attempt to deal with this threat to the safety of international navigation. This article analyzes the reported incidents and the attempts by the international community to deal with the problem. The article concludes with various recommendations on steps that should be taken by the international community and States in Southeast Asia to combat piracy and armed robbery against ships.     

Piracy and Privateers in the Golden Age: Lessons for Today

Customary international law has governed high seas piracy for many centuries and is now codified in the United Nations Convention on the Law of the Sea (LOSC). In this article, we discuss the reasons why enforcement against piracy today is less effective than three hundred years ago. We contend that crime, including the crime of piracy, can be modeled as a rational choice that is responsive to expected rewards and punishments. Based on this view, we argue that three hundred years ago, the free rider problem resulting from enforcement on the high seas was less prevalent than it is today because seaborne trade was more concentrated in the vessels of a few countries, making enforcement more like internal than international policing. The persistence of piracy today also stems from a continuing low probability of capture coupled with lenient punishments. In addition to enforcement differences, we contrast the sources of piracy in the two eras—in the earlier period, the end of privateering led many privateers to engage in piracy, whereas today, the main source of pirates in the Western Indian Ocean is the existence of a “failed state,” and off West Africa and South East Asia pirates are common criminals.     

Regional Maritime Regime Building: Prospects in Northeast and Southeast Asia

Maritime issues are rising to the forefront of Asian security concerns. But maritime management regimes can constrain conflict and create confidence in co-operation. Such regimes can define the range of permissible state behavior and resolve dilemmas stemming from the sharing of common resources. Regimes originate through imposition, spontaneous processes, or negotiation and are supplied when there is sufficient demand for the functions they perform. Integrative forces that support regime formation are the existence of other international arrangements in the region; ethnic, cultural, or historical interstate relationships; and clear indications of benefits to be gained. Often a shock or crisis enhances regime formation or its robustness. Disintegrative forces include political or territorial differences, competition for leadership, and opposition to regionalism. In regional co-operation on maritime issues, Southeast Asia is clearly more advanced than Northeast Asia. However, the absence of robust multilateral maritime regimes in Asia reflects state perceptions that the costs outweigh the benefits. The primacy of dis-integrative factors argues strongly for an ad hoc, issue-specific, evolutionary process for multilateral maritime regime building in Asia.     

Maritime Security in the South China Sea: Coordinating Coastal and User State Priorities

Maritime security concerns in the South China Sea are increasing for several reasons: higher volumes of shipping traffic, protection of exclusive economic zone resources, piracy, terrorist threats, greater international scrutiny of ports and shipping, and the modernization of regional naval and coast guard forces. Coastal states and international user states have many overlapping interests in the South China Sea, for example, in promoting safe navigation through its busy sea-lanes. On other issues, in particular, antipiracy or anti-maritime terrorism measures, they have different views about the seriousness of the threats and the responses necessary to address them. This article examines the convergent and divergent maritime security interests of coastal states (China, Indonesia, Malaysia, and Singapore) and international user states (Australia, India, Japan, and the United States) in the South China Sea. It finds that multiple stakeholders pursuing diverse interests have yet to close the gap between goals and means of achieving maritime security.     

Mitochondrial DNA reveals multiple introductions of domestic chicken in East Africa

Chicken were possibly domesticated in South and Southeast Asia. They occur ubiquitously in East Africa where they show extensive phenotypic diversity. They appeared in the region relatively late, with the first undisputed evidence of domestic chicken in Sudan, around ~ 700 BC. We reveal through a detailed analysis of mitochondrial DNA D-loop sequence diversity of 512 domestic village chickens, from four East African countries (Kenya, Ethiopia, Sudan, Uganda), the presence of at least five distinct mitochondrial DNA haplogroups. Phylogeographic analyses and inclusion of reference sequences from Asia allow us to address the origin, ways of introduction and dispersion of each haplogroup. The results indicate a likely Indian subcontinent origin for the commonest haplogroup (D) and a maritime introduction for the next commonest one (A) from Southeast and/or East Asia. Recent introgression of commercial haplotypes into the gene pool of village chickens might explain the rare presence of two haplogroups (B and C) while the origin of the last haplogroup (E) remains unclear being currently observed only outside the African continent in the inland Yunnan Province of China. Our findings not only support ancient historical maritime and terrestrial contacts between Asia and East Africa, but also indicate the presence of large maternal genetic diversity in the region which could potentially support genetic improvement programmes.     

The Economics of International Cooperation in the Apprehension and Prosecution of Maritime Pirates

Article 100 of the UN Convention on the Law of the Sea requires parties to “cooperate” against maritime piracy, but how this cooperation is to be achieved is undefined. Enforcement is a public good—creating uncompensated benefits for others, thus suffering from free rider problems. The analysis in this article explains why more pirates captured are released than prosecuted, why the United Nations and the International Maritime Organization are seeking to reduce enforcement costs, why some in the shipping industry want to apply the 1988 Convention Against Terrorism at Sea, and why still others want to move prosecution of pirates from national courts to an international court.     

Rethinking the Legal Status of Sunken Warships

There is substantial doctrinal controversy today concerning the legal status of sunken warships. It has recently been asserted by claimant governments, and by certain commentators, that title in sunken warships may only be abandoned by an express renunciation by the owning state and that salvage of such vessels is absolutely barred. This article carefully canvasses the available customary international law and domestic maritime law authorities and concludes that sunken warships may be impliedly abandoned by their sovereign owners through a long lapse of time and a clear intention not to claim or recover the vessel. Even if express abandonment is the appropriate standard, it may often be found in such circumstances as cessions of territory and constructive confiscations at the outbreak of hostilities. Salvage of unabandoned sunken warships may also be proper.     

Quantifying the biophysical and socioeconomic drivers of changes in forest and agricultural land in South and Southeast Asia

South and Southeast Asia (SSEA) has been a hotspot for land use and land cover change (LULCC) in the past few decades. The identification and quantification of the drivers of LULCC are crucial for improving our understanding of LULCC trends. So far, the biophysical and socioeconomic drivers of forest change have not been quantified at the regional scale, particularly for SSEA. In this study, we quantify the biophysical and socioeconomic drivers of forest change on a country‐by‐country basis in SSEA using an integrated quantitative methodology, which systematically accounts for previously published driver information and regional datasets. We synthesize more than 200 publications to identify the drivers of the forest change at different spatial scales in SSEA. Subsequently, we collect spatially explicit proxy data to represent the identified drivers. We quantify the dynamics of forest and agricultural land from 1992 to 2015 using the Climate Change Initiative (CCI) land cover data developed by the European Space Agency (ESA). A geographically weighted regression method is employed to quantify the spatially heterogeneous drivers of forest change. Our results show that socioeconomic drivers are more important than biophysical drivers for the conversion of forest to agricultural land in South Asia and maritime Southeast Asia. In contrast, biophysical drivers are more important than socioeconomic drivers for the conversion of agricultural land to forest in maritime Southeast Asia and less important in South Asia. Both biophysical and socioeconomic drivers contribute approximately equally to both changes in the mainland Southeast Asia region. By quantifying the dynamics of forest and agricultural land and the spatially explicit drivers of their changes in SSEA, this study provides a solid foundation for LULCC modeling and projection.     

Dental and cranial affinities among populations of east Asia and the Pacific: the basic populations in east Asia, IV.

The origins of the four major geographical groups recognized as Australomelanesians, Micronesians, Polynesians, and East and Southeast Asians are still far from obvious. The earliest arrivals in Sahulland may have migrated from Sundaland about 40,000-50,000 years B.P. and begun the Australomelanesian lineage. The aboriginal populations in Southeast Asia may have originated in the tropical rain forest of Sundaland, and their direct descendants may be the modern Dayaks of Borneo and Negritos of Luzon. These populations, the so-called "Proto-Malays," are possible representatives of the lineage leading to not only modern Southeast Asians, but also the Neolithic Jomon populations in Japan. The present study suggests, moreover, that the Polynesians and western Micronesians have closer affinities with modern Southeast Asians than with Melanesians or Jomonese.     

Evaluating trans-tethys migration: an example using acrodont lizard phylogenetics

A phylogenetic tree for acrodont lizards (Chamaeleonidae and Agamidae) is established based on 1434 bases (1041 informative) of aligned DNA positions from a 1685-1778 base pair region of the mitochondrial genome. Sequences from three protein-coding genes (ND1, ND2, and COI) are combined with sequences from eight intervening tRNA genes for samples of 70 acrodont taxa and two outgroups. Parsimony analysis of nucleotide sequences identifies eight major clades in the Acrodonta. Most agamid lizards are placed into three distinct clades. One clade is composed of all taxa occurring in Australia and New Guinea; Physignathus cocincinus from Southeast Asia is the sister taxon to the Australia-New Guinea clade. A second clade is composed of taxa occurring from Tibet and the Indian Subcontinent east through South and East Asia. A third clade is composed of taxa occurring from Africa east through Arabia and West Asia to Tibet and the Indian Subcontinent. These three clades contain all agamid lizards except Uromastyx, Leiolepis, and Hydrosaurus, which represent three additional clades of the Agamidae. The Chamaeleonidae forms another clade weakly supported as the sister taxon to the Agamidae. All eight clades of the Acrodonta contain members occurring on land masses derived from Gondwanaland. A hypothesis of agamid lizards rafting with Gondwanan plates is examined statistically. This hypothesis suggests that the African/West Asian clade is of African or Indian origin, and the South Asian clade is either of Indian or Southeast Asian origin. The shortest tree suggests a possible African origin for the former and an Indian origin for the latter, but this result is not statistically robust. The Australia-New Guinea clade rafted with the Australia-New Guinea plate and forms the sister group to a Southeast Asian taxon that occurs on plates that broke from northern Australia-New Guinea. Other acrodont taxa are inferred to be associated with the plates of Afro-Arabia and Madagascar (Chameleonidae), India (Uromastyx), or southeast Asia (Hydrosaurus and Leiolepis). Introduction of different biotic elements to Asia by way of separate Gondwanan plates may be a major theme of Asian biogeography. Three historical events may be responsible for the sharp faunal barrier between Southeast Asia and Australia-New Guinea, known as Wallace's line: (1) primary vicariance caused by plate separations; (2) secondary contact of Southeast Asian plates with Eurasia, leading to dispersal from Eurasia into Southeast Asia, and (3) dispersal of the Indian fauna (after collision of that subcontinent) to Southeast Asia. Acrodont lizards show the first and third of these biogeographic patterns and anguid lizards exhibit the second pattern. Modern faunal diversity may be influenced primarily by historical events such as tectonic collisions and land bridge connections, which are expected to promote episodic turnover of continental faunas by introducing new faunal elements into an area. Repeated tectonic collisions may be one of the most important phenomena promoting continental biodiversity. Phylogenetics is a powerful method for investigating these processes.     

Vietnam's national interests and the law of the sea

This article explores the relationship between Vietnam's national interests and the international law of the sea. Vietnam's national interests in the marine sphere include defense (the maintenance of a maritime buffer); international relations (enhancing its regional position through joint development and favorable resolution of boundary and fisheries disputes); and economics (stimulating development of its maritime resources). Although ratification of the 1982 Law of the Sea Convention would be somewhat disadvantageous to Vietnam's maritime defense strategy, many provisions would promote Vietnam's interests. Moreover, ratification and implementation of the Convention would signal Vietnam's support for international law and its desire to “rejoin”; the community of Southeast Asian nations. It might also encourage resolution of its boundary disputes, thus opening new areas to resource exploration and development by foreign companies.     

Patents in combi-space: patent challenges in combinatorial chemistry

Patent protection of inventions relating to combinatorial chemistry is attended by special challenges. The "breakthrough" nature of the field together with the always complex and often arcane chemical manipulations, apparatus, and strategies which suffuse this field make it difficult to describe the inventions adequately. It can be a challenge to communicate effectively with official authorities charged with patent examination. Extraordinary effort is called for in clarifying such inventions such that their patentability can be appreciated. The utility of some types of inventions in this field may be open to question; clear statements of at least one acceptable utility-even if only a minor utility-is beneficial. Because a principal product of many aspects of combinatorial chemistry is information, e.g., the identification of a lead compound, offshore "piracy" is a risk. Domestic claim tie-ins may improve the ability to abate such piracy. Copyright 1998 John Wiley & Sons, Inc.     

Ecological considerations for using dipterocarps for restoration of lowland rainforest in Southeast Asia

The lowland dipterocarp forests of Southeast Asia support a substantial proportion of the world’s biodiversity. They are of considerable environmental and economic value at the local, regional and global scale, providing many goods and services to a growing population. The forests of this region are among the fastest disappearing in the world and restoration is urgently required. This paper provides a review of the ecological constraints to restoration of lowland dipterocarp forest in Southeast Asia. It focuses on the production of planting stock, the significance of site-species matching and post-planting site maintenance. It identifies gaps in our knowledge and highlights priority areas of research. Adopting a long-term view is essential for restoring as well as conserving the dipterocarp forests of Southeast Asia. An immediate strategy for the conservation and management of dwindling genetic resources of these important timber species is essential. This will provide the foundations for sourcing seed and production of planting material for longer term restoration. The importance of species-site matching, mycorrhizal fungi and post-planting maintenance for restoration are apparent. Financing is a major limiting factor to dipterocarp forest restoration. Trading in carbon, private finance and environmental markets afford considerable opportunities for restoring these forests providing their total value is recognised. Despite the wealth of ecological knowledge we already have for scientifically-informed forest restoration, without the backing of governments and corporate stakeholders, forest restoration will not gain the urgently required momentum.     

A Note on the United States and the Law of the Sea: Looking Back and Moving Forward

Since the Antarctic Treaty was negotiated in 1959, there have been substantial developments in the law of the sea. One of the most significant developments has been the recognition granted to coastal state entitlements to claim a range of offshore maritime areas. Yet, one of the principal aims of the Antarctic Treaty was to eliminate sovereignty disputes between territorial claimants, and the treaty placed limitations on the assertion of new claims. Nevertheless, most Antarctic territorial claimants have asserted some form of Antarctic maritime claim. This article particularly considers Australia's position toward maritime claims offshore the Australian Antarctic Territory (AAT). It reviews the limitations imposed by the Antarctic Treaty, the difficulties in determining baselines in Antarctica, Australia's practice in declaring Antarctic maritime claims, and the potential range of maritime boundaries that Australia may one day have to delimit with neighboring states in the Southern Ocean.     

The Regime for Transboundary Hydrocarbon Deposits in the Maritime Delimitation Treaties and Other Related Agreements of Arctic Coastal States

This article assesses the treaty practice of the five Arctic Ocean coastal states and Iceland in dealing with the issue of transboundary hydrocarbon deposits as part of the conclusion of maritime delimitation and other related agreements. That practice suggests a number of different ways in which states deal with the issue of hydrocarbon deposits bisected by a maritime delimitation: (1) silence, (2) a standard unity of deposit clause, (3) more complex variations on the standard clause including framework agreements for the development of transboundary deposits, and (4) a delimitation line with some form of joint development zone. This article assesses the Arctic state practice within this typology seeking to supplement the existing literature which tends to focus on the North Sea and Southeast Asia.     

A Note on China's Legal and Operational Responses to International Piracy

This article reviews China's responses to international piracy from the legal perspective by looking at China's treaty practices with regard to piracy suppression, China's enhanced overseas naval escort operations, China's domestic antipiracy law in both substantive and procedural aspects, and piracy prosecution under Chinese law. Notwithstanding its contribution to the suppression of piracy, China has a need to improve its domestic laws for more efficient and effective piracy suppression.     

Precipitation nitrogen at maritime Signy Island and continental Cape Bird,Antarctica

Summary The mineral nitrogen (NH₄-N + NO₃-N) in precipitation occurring at continental and maritime Antarctic sites has been determined. Precipitation at sites remote from animal activity contained much less mineral N than that occurring at sites influenced by such activity. Estimates for nitrogen input at two contrasting fellfield sites, one at continental Cape Bird (dry site), the other at maritime Signy Island (wet site) are presented. At both sites precipitation N represented the major N input to fellfield biota than did wind blown particulate matter containing organic nitrogen or ammonia volatilized from adjacent guano soils and becoming absorbed by moist artificial soils traps.     

Genetic variation and geographic distribution of megalocytiviruses

Viruses belonging to the genus Megalocytivirus in the family Iridoviridae have caused mass mortalities in marine and freshwater fish in Asian countries. In this study, partial major capsid protein (MCP) gene of seven Japanese and six Korean megalocytiviruses was sequenced and compared with the known megalocytiviruses to evaluate genetic variation and geographic distribution of the viruses. Comparison of MCP gene nucleotide sequences revealed sequence identity of 92.8% or greater among these 48 isolates. A phylogenetic tree clearly revealed three clusters: genotype I including nine Japanese isolates, thirteen Korean isolates, one Chinese isolates, one Thailand isolate and one South China Sea isolate; genotype II including five freshwater fish isolates in Southeast Asian countries and Australia; and the remaining genotype III mainly consisted of flatfish isolate in Korea and China. This suggests that viruses belonging to the genotype I widely distribute among various fish species in many Asian countries. Conversely, the epidemic viruses belonged to genotype II and III are may be still locally spreading and constrained in their prevalence to the limited host fish species, i.e., genotype II viruses mainly distribute in Southeast Asian countries, whereas genotype III viruses distribute in flatfish species in Korea and China.     

Center of genetic diversity and dissemination pathways in mung bean deduced from seed protein electrophoresis

Summary Seed protein of 581 local strains of mung bean, Vigna radiata (L.) Wilczek, collected from throughout Asia, were analyzed by SDS-polyacrylamide gel electrophoresis. Eight protein types were recognized based on the combination of four albumin bands and three globulin bands. The frequency of each protein type strain showed a clear geographical cline. The pattern of geographical distribution of the protein types reflected the regions of genetic diversity, and two dissemination pathways in mung bean were proposed. The region of genetic diversity in seed protein was western Asia (Afghanistan-Iran-Iraq area). Mung bean may have spread mainly to the east by two routes from India, where the domestication of mung bean is believed to have occurred. One route led to Southeast Asia; strains consisting of a few protein types with prominent protein type 1 were disseminated from India to the Southeast Asian countreis. Thus, the strain composition in Southeast Asia was very simple, with the strains being similar to one another. Another dissemination pathway may have been the route known as the Silk Road. Since protein type 7 and 8 strains could not be found throughout Southeast Asia, it is assumed that these strains spread from western Asia or India to China and Taiwan via the Silk Road, and not by the route from Southeast Asia.     

Comparison of maritime pine oil and fish oil effects on plasma lipoproteins in apolipoprotein E-deficient mice

The goal of this study was to compare the lipid lowering properties of maritime pine and fish oils in apolipoprotein E-deficient (KOE) mice, an animal model of hyperlipidemia. KOE mice were supplemented with either lard, fish or maritime pine oil (10% w/w) for one month. Compared to lard, fish and maritime pine oils decreased cholesterol (-31% and -52% respectively) and phospholipid (-41 and -52%) levels and increased triglyceride (+182% and +123%) levels. These lipid changes resulted in an enrichment in triglycerides and a depletion in cholesterol of VLDL+IDL plasma fraction as compared to lard-fed mice. These findings suggest that VLDL-triglyceride lipolysis is impaired in KOE mice fed fish or maritime pine oil.