By Erik French
A stronger Code for Unplanned Encounters at Sea is vital for avoiding the threat posed by interstate incidents at sea.
The accidental escalation of interstate incidents at sea has the potential to pose a serious threat to maritime security and stability in the Asia-Pacific Region. Competing territorial claims and disputes over freedom of navigation have generated a growing number of standoffs at sea involving military, law enforcement, and civilian vessels. With aircraft playing chicken, fishing vessels ramming coast guard ships, and naval forces intimidating one another’s auxiliaries, there is a growing potential for an accident that could escalate into conflict.
Statesmen in the region have sought to reduce this risk through a maritime security order undergirded by confidence-building mechanisms. The most recent development in this order is the Code for Unplanned Encounters at Sea (CUES). Adopted a year ago in April 2014 by the West Pacific Naval Symposium (WPNS), CUES institutionalizes a set of suggestions for prudent behavior and clear communication at sea. As highlighted at a recent CSCAP meeting, however, the CUES agreement has some significant limitations.
Four major problems keep CUES from constituting an effective regime for maritime stability and order:
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