83
contemporary piracy: tho who, the why and the where
state cooperation anywhere is concern over sovereignty. is is one that is
felt acutely in Southeast Asia. e states of the region are young and arti-
ficial, to the extent that they are based on colonial-era territories. Neither
characteristic is conducive to political self-assurance. e consequence has
been that cooperation has been all too often seen as a possible diminution
of hard-won sovereignty.
263
hence, while some purely national measures
have been put in place, and some largely symbolic bilateral agreements
concluded, the most significant national and regional initiatives to tackle
the problem of piracy have come about in response to external prompt-
ings: first, the Regional Cooperation Agreement on Combating piracy and
Armed Robbery against Ships in Asia (ReCAAp), which was initiated by
Japan starting in 2001 and established mechanisms to achieve international
cooperation;
264
secondly, the Regional Maritime Security Initiative (RMSI)
proposed by the united States in 2004, which, while it was never imple-
mented because regional states were wary of greater uS involvement in
their affairs, drove them to take much needed action;
265
thirdly, the 2005
decision of the Joint War Committee of Lloyd’s to designate parts of the
Malacca Straits to be areas of “perceived Enhanced Risk” (pER), which
put (or threatened to put) an economic cost on Southeast Asian piracy, one
that the governments of the littoral states of the region could not disguise,
manipulate or ignore.
266
e Committee’s decision complemented the ex-
263 Murphy, ‘piracy and uNCLOS: Does international law help regional states
combat piracy?’ p. 167; John F. Bradford. ‘Shifting the Tides against piracy in
Southeast Asian Waters’. Asian Survey, Vol. XLVIII, No. 3, May/June 2008, p.
489.. For an example of how these concerns can enter domestic politics and
even be used to influence elections see D. Arul Rajoo, ‘Foreign powers eyeing
Straits of Melaka, says Chandra Muzaffar’, Bernama, 6 March 2008. For a use-
ful discussion of both the theoretical issues, and the history of the cooperative
efforts that have been attempted or undertaken see Ruijie he. ‘Ganging up on
the Jolly Roger in Asia: International Cooperation and Maritime piracy’. Cam-
bridge, MA: Massachusetts Institute of Technology. BS/MS thesis, June 2008.
264 Roach, ‘Enhancing Maritime Security in the Straits of Malacca and Singapore’,
p. 106.
265 See, for example, Ioannis Gatsiounis, ‘Malaysia tweaks its terror compass’,
AsiaTimes.com, 25 June 2004, and John F. Bradford, ‘e growing prospects
for maritime security cooperation in Southeast Asia’, NWCR, vol. 58, no. 3,
Summer 2005, pp. 82-3, where he writes, ‘it seems one motivation for their
development was to exclude the united States and, to a lesser extent, Japan
from a direct, visible role in Strait of Malacca security’. Also Storey. ‘Securing
Southeast Asia’s Sea Lanes’, pp. 115-6.
266 Murphy, ‘piracy and uNCLOS: Does international law help regional states
combat piracy?’ p. 174. On the background to the JWC’s decision see Murphy,