Thai-Malaysian conflict over fisheries

Abstract

This thesis presents the fishery conflict between Thailand and Malaysia. The assessment of this research is that the exclusive economic zone regime established by the 1982 United Nations Convention on the Law of the Sea is a primary source of the fishery conflict. Loopholes of the Convention in terms of sovereign rights and discretionary powers of the coastal states and the problem of interpretation of the Convention brought the conflict into existence. The thesis examines three causes of the fishery conflict : first, the problem of the access of a surplus fishery resource in the Malaysian exclusive economic zone by Thai fishing trawlers; second, the problem of navigation through Malaysian waters by Thai fishing vessels; and third, the restriction of fisheries in the Joint Development Area (an overlapping area between the two countries). At last, the thesis assesses the fishery conflict resolution. There are four alternative means of resolving the fishery conflict between Thailand and Malaysia first, resolution through bilateral arrangements; second, resolution in the framework of regional organizations (in this case ASEAN); third, resolution under the provisions of settlement of disputes of the 1982 United Nations Convention on the Law of the Sea; and fourth, resolution under the International Court of Justice.