New maritime boundaries between Indonesia and Vietnam

December 22, 2022 was an historic day for Indonesia and Vietnam. After 12 years of intensive negotiations, the ASEAN neighbors finally concluded an agreement on their maritime boundaries in the South China Sea.

The agreement of the exclusive economic zone (EEZ) deals only with the water columns and not the seabed (continental shelf). For Indonesia, this is the first maritime boundary agreement established by the Jokowi administration and the first after Indonesia’s vision of becoming a global maritime fulcrum was coined. Indeed, this is a special agreement.

Between Vietnam and Indonesia, the 2022 agreement is the second after the first was signed in 2003 and ratified in 2007. It took the two countries almost two decades to come up with another agreement after long, intensive negotiations.

The 2003 agreement delimits the seabed between Indonesia and Vietnam and it took almost 30 years to conclude. The agreement completed the maritime boundary lines established by Indonesia and Malaysia around the same area in 1969.

Technically, the 2003 agreement connected Indonesia-Malaysia boundary lines so altogether they enclosed an area of seabed that fell within Indonesia’s jurisdiction. This way, the division of the seabed among Indonesia, Malaysia and Vietnam in the South China Sea was made crystal clear. There was no dispute on seabed ownership among the three neighbors. The only issue that remained pending was the division of water columns or exclusive economic zones (EEZ) for which Indonesia and Vietnam started intensive negotiations in 2010. On Dec. 22, 2022, the pending issue was successfully settled. Kudos to Indonesia and Vietnam for settling the dispute through negotiations.

What does the new agreement really mean?

First, Indonesia and Vietnam are in a good relationship, indicated by the fact that they managed to settle their differences through negotiation. Second, the division of rights and responsibilities between Indonesia and Vietnam in the South China Sea, both for the water column and the seabed, has now been made clear. This also means a new and clear era of resource management between the two countries.

Third, the agreement put some doubts regarding the possibility to settle boundaries in the South China Sea to rest. The agreement does not certainly settle every single conflict in the South China Sea, but it undoubtedly has brought new hopes of possibilities for dispute settlement.

For Indonesia, the agreement has also answered some lingering questions regarding the settlement of the continental shelf and EEZ boundaries in the same maritime area. We have yet to see the 2022 agreement, but people will genuinely want to know whether the 2022 line coincides with the one established in 2003.

The new agreement will somehow serve as a reference for similar future cases, so it is important to clarify how the agreement treats the EEZ boundary in relation to the existing continental shelf boundary of 2003.

What is next, after the agreement? First, Indonesia and Vietnam need to return to their respective government and parliament for the adoption and ratification of the agreement. It might not be straightforward and it could take time. However, this step cannot be avoided in order for the agreement to be binding in their respective national laws.

Second, both countries need to agree on a law enforcement mechanism around the newly settled border. In general, each country will have their own mechanisms in enforcing the law in their respective EEZ, but it is always good to have a mutual understanding on how lawbreakers will be treated.

Third, both countries need to take care of the technical/geospatial aspects of the agreement. The use of a chart, geodetic datum, coordinate system and map projection are some of the matters that need to be taken into account for effective implementation of the agreement.

Fourth, education on the new borders for the public in general and especially for the surrounding society is essential. Governments of both countries, in collaboration with educational institutions, need to provide society with education so that the issue can be easily understood. The change from the lack of an agreed border to the existence of a border warrants a change in people’s behaviors. This undoubtedly requires adequate education.

Indonesia and Vietnam are two good friends and neighbors. Both are also the “giants” of the economy in Southeast Asia. The agreement on the maritime boundaries they managed to reach confirms their close relationship and also a strong leadership in the region when it comes to settling boundary disputes.

We really hope that other countries will follow suit.

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 I Made Andi Arsana