Navigating The Passage Dilemma: AUKUS Submarines, UNCLOS, And Indonesia's Rights

Abhilasha Patter, Jindal Global Law School

ABSTRACT

While the AUKUS alliance aligns itself with its objective of bringing peace and stability to the Indo-Pacific, this noble venture too is at the cost of possibly straining relations in the area and heightening tensions. What adds another layer of complexity to the matter is the nature of the proposed submarines, being nuclear-powered. This in itself is problematic due to possible NPT violations, however this paper concerns itself mainly with the potential detriments such passage of the submarine may have to the coastal state, and whether they form enough ground to declare the passage no longer innocent, thereby denying it. The paper also discusses potential loopholes in the UNCLOS and international law, that Indonesia may make the most of and form the basis of its denial of passage to the AUKUS submarines.