Ratification of the Straddling Fish Stocks Agreement

The 1982 United Nations Convention on the Law of the Sea (the Convention) took almost 20 years to draft into a document to which sufficient parties were prepared to agree to. Indonesia took part in every single proceeding leading up to the coming into force of the Convention. The rationale for Indonesia’s participation in this process was simple; Indonesia is an archipelagic nation and as such rules governing the use and exploitation of sea and marine reserves is a critical part of Indonesia’s long term development and maintenance of its territorial integrity.

In addition to the Convention the United Nations also reached an Agreement on the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks in 1995 (the Agreement).

Indonesia has already ratified the Convention as Law No. 17 of 1985. As a signatory and having ratified the Convention, then Indonesia is also bound by the provisions of the Convention to ratify any subsequent agreements to the Convention. In order to comply, the Indonesian House of Representatives (DPR) has passed the necessary domestic legislation to ratify the Agreement. The passage of the legislation was completed in a plenary session held on 19 May 2009.

The new law includes as an Attachment an Indonesian translation of the Convention and the original English language version of the convention as well. The benefits that Indonesia will enjoy through the ratification of the Agreement are, among others:

The new law will come into force upon the president’s signature or thirty days after its passage from the DPR.