The Defence Strategic Update: Maritime Strategy and the Law

Abstract

In the face of a deteriorating strategic outlook, Australia needs to have a maritime strategy which prevents isolation and preserves its independence. The recent <i>Defence Strategic Update</i> and <i>Force Structure Plan</i>, together with existing maritime doctrine, serve this aim through seeking to defend a rules based international order. As identified in the <i>Update</i>, success in this aim will require considerable international cooperation with both friendly and neutral nations, requiring 'a focus on strengthened international engagement, particularly with the United States, Japan, India, ASEAN and other allies and partners in our region' This demands an approach which carefully applies international and domestic law to provide legitimacy to maritime operations. Put simply, upholding a rules based international order requires upholding the rules. Failing to do so will not only subvert the aim but also alienate international and domestic support. This paper will argue for both the significance and value of a maritime strategy based upon the careful application of the law. It will do so through an analysis of scenarios above and below the threshold of armed conflict. Before doing so it is important first to establish broadly what the <i>Defence Strategic Update</i> says and then outline the rules upon which the international rules based order should depend.