Interpretive Choice and Risk in Indo-Pacific Air Domain Challenges

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ID: 317970
2026
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Abstract
Abstract Access and overflight are significant legal challenges for the Indo-Pacific air domain. This chapter analyzes the problem through the lens of interpretive choice. Current views of the law, for example, would exclude the deployment of long-range missiles over archipelagic sea lanes as of right, leaving questions of consent, neutrality, and self-defense. While there may be scope for an evolutive interpretation that would foster wider access rights, the strategic risk of such a choice is the potential to open other aspects of the archipelagic regime to evolutive views. Archipelagic States, with a different maritime history and no previous involvement in the development of rules in case of neutrality, may favor development in new or unexpected ways. Indonesia’s national concept of wawasan nusantara, an archipelagic vision that unifies land and sea, is a key example of such a difference. The idea of strategic choice in international legal development, especially treaty law, is not new. To reduce risk, including the risk of failure to gain air superiority during any future conflict, consideration needs to be given to the strategic balance between interpretive choice and risk now, maintaining throughout the commitment of all sovereign States to good faith in the performance of their legal obligations.
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openalex_W7165107179 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Angeline Lewis
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oso/9780197844540.003.0005
URL
https://doi.org/10.1093/oso/9780197844540.003.0005
Keywords Keywords not found

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