The UN Convention on the Law of the Sea (UNCLOS) establishes a legal framework to govern all uses of the oceans. All of the states bordering the South China Sea—Brunei Darussalam, China, Indonesia, Malaysia, the Philippines, and Vietnam—are parties to UNCLOS. Taiwan, which also borders the South China Sea, has taken steps to bring its legislation into conformity with UNCLOS.

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.

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The 1982 United Nations Convention on the Law of the Sea (unclos) is widely viewed as a “constitutive” instrument that provides a legal framework that is being filled in, rounded out and complemented by existing and subsequently enacted international agreements and customary international law. The International Maritime Organization (imo) is the preeminent international organization with competence to establish international rules and standards for the safety, security and environmental performance of international shipping. In other words, on matters relating to international shipping, unclos outlines the rights and obligations of States parties in various maritime zones that must be exercised and fulfilled through implementation instruments under the auspices of imo. This article will examine and discuss the relationship between unclos and imo instruments. First, it will provide an overview of imo, including its historical background, its mandates and structure, and the major instruments that are under its auspices. It will then look at the relationship between unclos and imo, and discuss how imo and its instruments have been incorporated into unclos. Furthermore, it will discuss the role of imo and its instruments in assisting States to exercise their rights and fulfil their obligations under unclos.