Beyond UNCLOS: What the Torres Strait Treaty and PNG’s Oceans Policy Reveal About Maritime Governance
By Bernard Yegiora The debate surrounding the Jomard Passage has largely centred on one dominant argument: PNG cannot move toward any form of transit fee or stronger regulatory control because the United Nations Convention on the Law of the Sea (UNCLOS) guarantees freedom of passage through international waterways. This position is often presented as absolute and legally fixed. However, the reality of maritime governance is far more nuanced. International maritime law is not applied mechanically in every context, and state practice demonstrates that countries frequently negotiate tailored arrangements to reflect geography, security concerns, environmental protection, and national interests. The Torres Strait Treaty between PNG and Australia illustrates this clearly. The Torres Strait Treaty established a unique governance framework balancing sovereignty, border management, fisheries cooperation, environmental protection, and the traditional movement rights of local communities. ...