also shared the view that the modality of such an agreement should be subject to
further discussion and that [an] experts working group to develop the agreement
should be convened at an appropriate time among the countries and international
organizations represented here in this Conference.
35
The resulting ReCAAP agreement,
36 was billed as the “first regional governmentto-government pact for cooperation against piracy and armed robbery at sea in
Asia,”
37 and aimed “to enhance communication and information exchange among
member countries.”
38 Structurally, it is made up of twenty-two articles; an introduction (Arts. 1–3), the establishment of an Information Sharing Center (Arts. 4–8),
cooperation through this Center (Arts. 9–11) and generally (Arts. 12–16), and final
provisions (Art. 17–22).
39
Signatories included Bangladesh, Brunei, Cambodia, the Peoples Republic of
China, India, Japan, South Korea, Laos, Myanmar, the Philippines, Singapore, Sri
Lanka, Thailand and Vietnam.
40 Malaysia and Indonesia, did not sign the agreement.
41 It has been speculated that Malaysia withheld its support because of the
established presence of the Piracy Reporting Centre in Kuala Lumpur,
42 while
Indonesia’s hesitations were arguably connected to its reputation as a piracy “hot
spot.” “Officials in both countries expressed doubts about the planned operational
procedures of the center . . . .”
43 Whatever the reason, having countries bordering the
important Malacca Strait fail to join the organization has put some strain on both
ReCAAP and the ISC.
44
“Gradually, however, Indonesia and Malaysia became
supportive of the Japan-initiated multilateral program . . . .”
45 In 2008, both nations
attended the meeting of the ISC Governing Council, raising hopes they may
35 Id.
36 Factsheet on the Regional Cooperation Agreement on Combating Piracy and Armed Robbery
Against Ships in Asia (RECAAP), at 2. See also ASEAN: Boost for anti-piracy measures.
37 ASEAN: Boost for anti-piracy measures. See also “Factsheet on the Regional Cooperation
Agreement on Combating Piracy and Armed Robbery Against Ships in Asia (RECAAP), at
1 (noting that it “is the first regional government-to-government agreement to promote and enhance
cooperation against piracy and armed robbery in Asia”).
38 ASEAN: Boost for anti-piracy measures.
39 Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships
in Asia.
40 See Press Release: The ReCAAP Information Sharing Centre establishes itself as an authority on
piracy and armed robbery against ships, and develops as the focus of anti-piracy co-operation
in Asia.
41 ASEAN: Boost for anti-piracy measures (“Representatives from Malaysia and Indonesia were
conspicuously absent from the early ReCAAP meetings, and neither government ratified it”).
42 Id. (“Malaysia had an institutional conflict of interest with the new center since Kuala Lumpur is
home to the International Chamber of Commerce International Maritime Bureau’s Piracy Reporting
Center in Asia”).
43 Id.
44 See id. (“This raised understandable concerns about the effectiveness of the multinational
network”).
45 Id.
A Century of Piracy Treaties: An Overview for the Future
555
further discussion and that [an] experts working group to develop the agreement
should be convened at an appropriate time among the countries and international
organizations represented here in this Conference.
35
The resulting ReCAAP agreement,
36 was billed as the “first regional governmentto-government pact for cooperation against piracy and armed robbery at sea in
Asia,”
37 and aimed “to enhance communication and information exchange among
member countries.”
38 Structurally, it is made up of twenty-two articles; an introduction (Arts. 1–3), the establishment of an Information Sharing Center (Arts. 4–8),
cooperation through this Center (Arts. 9–11) and generally (Arts. 12–16), and final
provisions (Art. 17–22).
39
Signatories included Bangladesh, Brunei, Cambodia, the Peoples Republic of
China, India, Japan, South Korea, Laos, Myanmar, the Philippines, Singapore, Sri
Lanka, Thailand and Vietnam.
40 Malaysia and Indonesia, did not sign the agreement.
41 It has been speculated that Malaysia withheld its support because of the
established presence of the Piracy Reporting Centre in Kuala Lumpur,
42 while
Indonesia’s hesitations were arguably connected to its reputation as a piracy “hot
spot.” “Officials in both countries expressed doubts about the planned operational
procedures of the center . . . .”
43 Whatever the reason, having countries bordering the
important Malacca Strait fail to join the organization has put some strain on both
ReCAAP and the ISC.
44
“Gradually, however, Indonesia and Malaysia became
supportive of the Japan-initiated multilateral program . . . .”
45 In 2008, both nations
attended the meeting of the ISC Governing Council, raising hopes they may
35 Id.
36 Factsheet on the Regional Cooperation Agreement on Combating Piracy and Armed Robbery
Against Ships in Asia (RECAAP), at 2. See also ASEAN: Boost for anti-piracy measures.
37 ASEAN: Boost for anti-piracy measures. See also “Factsheet on the Regional Cooperation
Agreement on Combating Piracy and Armed Robbery Against Ships in Asia (RECAAP), at
1 (noting that it “is the first regional government-to-government agreement to promote and enhance
cooperation against piracy and armed robbery in Asia”).
38 ASEAN: Boost for anti-piracy measures.
39 Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships
in Asia.
40 See Press Release: The ReCAAP Information Sharing Centre establishes itself as an authority on
piracy and armed robbery against ships, and develops as the focus of anti-piracy co-operation
in Asia.
41 ASEAN: Boost for anti-piracy measures (“Representatives from Malaysia and Indonesia were
conspicuously absent from the early ReCAAP meetings, and neither government ratified it”).
42 Id. (“Malaysia had an institutional conflict of interest with the new center since Kuala Lumpur is
home to the International Chamber of Commerce International Maritime Bureau’s Piracy Reporting
Center in Asia”).
43 Id.
44 See id. (“This raised understandable concerns about the effectiveness of the multinational
network”).
45 Id.
A Century of Piracy Treaties: An Overview for the Future
555