Maritime Security in Southeast Asia: Laws and Cooperation - Jacqueline Espenilla
The video discusses the complexities of maritime security laws and cooperation in Asia, particularly in Southeast Asia, where both binding and non-binding international laws and conventions play a significant role. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is highlighted as the most important legally binding instrument, governing topics such as maritime zones, the marine environment, piracy, and dispute settlement. UNCLOS has been successful in some instances, such as the Philippines’ arbitration case against China in 2016 regarding the South China Sea.
The Association of Southeast Asian Nations (ASEAN) is also emphasized as a key player in the region, despite criticism for its informal and non-binding approach. ASEAN often relies on consensus and non-binding frameworks, like declarations on search and rescue or marine debris. This flexibility allows member states to implement solutions domestically. ASEAN’s challenge in reaching consensus has led to the rise of minilateral agreements, such as the trilateral cooperation between the Philippines, Malaysia, and Indonesia, which has successfully reduced piracy and maritime terrorism in shared waters.
The video concludes by stressing the importance of translating international laws into domestic practices for effective regional maritime security. This video is part of the Center’s series on Collective & Human Security.
Speaker Biography
Jacqueline Espenilla is an assistant professor at the University of the Philippines (UP) College of Law and a senior research fellow at the UP Institute for Maritime Affairs and Law of the Sea. Her research and teaching currently focuses on public international law, law of the sea, maritime security, and international environmental law. She is the current chairperson of the International Law Department of the Philippine Judicial Academy and a consultant of the Philippine National Security Council. She also regularly serves as a resource person for the Department of Foreign Affairs on maritime issues, and was the legal adviser of the Philippine delegation to the BBNJ Treaty negotiations.
Prior to her current appointments, she was a senior attorney at the Philippine Department of Justice under the Office of the Secretary, and a legal research consultant at the Asian Development Bank Office of the General Counsel. Espenilla completed resident research fellowships at the United Nations Division for Ocean Affairs and Law of the Sea in New York, Columbia Law School, and at the University of Tokyo Faculty of Law. She received her Master of Laws from Harvard Law School, and her JD and BA from the University of the Philippines. She is currently working on her doctoral dissertation at Utrecht University School of Law where she is a PhD candidate at its Faculty of Law, Economics, and Governance.
