Balancing shipping and protection of the marine environment: A study of the proposed designation of the Straits of Malacca and Singapore as a particularly sensitive sea area

The Straits of Malacca and Singapore are two of the most important shipping passages in the world, accommodating approximately 80,000 vessel movements per year.The Straits of Malacca and Singapore fulfill the character of straits used for international navigation under the 1982 United Nations Convention on the Law of the Sea (LOSC). The transit passage regime as described in Part III of the LOSC is the navigational regime that applies to all ships that transit the Straits.Under this regime, the littoral States have limited powers to regulate shipping and they can only employ environmental protective measures by giving effect to applicable international regulations.With the steady increase of shipping traffic each year, it is becoming more difficult for the littoral States to manage the well-being of the marine environment of the Straits.Heavy shipping does bring adverse effects to the marine environment of the Straits of Malacca and Singapore.This study aims to look at the possibility and feasibility of the Straits of Malacca and Singapore being designated as a Particularly Sensitive Sea Area (PSSA).Following such a designation, as PSSA is not a stand-alone measure, this article concludes by suggesting the most appropriate associated protective measure (APM) to be imposed in the Straits of Malacca and Singapore.The Straits of Malacca and Singapore are located in one of the world’s recognised ‘mega biodiversity’ regions, and therefore it is crucial to protect and preserve the marine environment of these Straits from unwarranted degradation

跨越国际航运要道的桥梁：对拟建马六甲海峡大桥的研究

Mohd Hazmi bin Mohd Rusli,Faculty of Syariah & Law,Universiti Sains Islam Malaysia. E-mail:[email protected].［Abstract］The Straits of Malacca and Singapore are two of the most important maritime chokepoints in the world.These waterways are also regarded as important economic lifelines for the littoral States of Malaysia,Indonesia and Singapore.The recent proposal to build a bridge across the Strait of Malacca connecting the Malaysian State of Malacca to Dumai in Indonesia has sparked various reactions both positive and negative.This article discusses the potential implications should the construction of the proposed bridge take place across the Strait of Malacca.This article concludes by asserting whether or not the construction of the bridge would positively benefit the regional and the global economy as a whole,both the Straits of Malacca and Singapore are important shipping ways and any interference to the flow of international shipping traffic would be detrimental to the well-being of the global economy.［文摘］马六甲海峡和新加坡海峡是世界最重要海上咽喉中的两个,这两条水路也被视为马来西亚、印度尼西亚和新加坡这些沿岸国家的重要经济命脉。最近,建造一座横跨马六甲海峡,连接马来西亚马六甲和印度尼西亚杜迈的桥梁的提议引起了赞成和反对的各种反应。本文讨论了拟建的横跨马六甲海峡大桥带来的潜在影响,结论显示无论该桥的建造是否会为该区域和全球的经济带来整体上的积极影响,马六甲海峡和新加坡海峡都是海运要道,任何对国际航运交 通流的干扰都将对全球经济不利

Sultan of Sulu’s Sabah Claim: Reminiscence of a ‘Long-Lost’ Sovereignty

Sabah or ‘North Borneo’, as it was formerly known, used to be part of the domain of the Sultanate of Sulu. Sabah was ceded to the British North Borneo Company in 1878 by the Sulu Sultanate and upon independence, Sabah joined the Federation of Malaysia in 1963 and remained as a Malaysian province until today. The Sulu Sultanate was finally annexed as part of the Philippines by the American colonial government in 1915. Nevertheless, as a successor state of the Sulu Sultanate, the Philippines had never relinquished its claim over Sabah. The territorial intrusion by the Royal Army of the Sulu Sultanate in 2013 into Sabah has sparked unease amongst both Sabahans and the Malaysian government. The Sultan of Sulu claimed that Sabah has always been part of his kingdom. Is this claim valid under international law

MH17: How safe are the skies?

From the earliest kites to hypersonic flights, the history of aviation extends to more than a thousand years. The flying machine created by the Wright Brothers gradually changed the world’s transportation industry.Commercial flights or airlines were subsequently introduced to replace sea transportation as the fastest way to convey people to various destinations around the world. The Malayan Airways came into the picture in 1947. Upon Malaysia’s independence and separation of Singapore, the Malaysia Airlines System (MAS) was founded in 1972, serving not only Malaysia, but the world.The recent MH17 tragedy is a tragic episode in global aviation history when the world is still mourning over the disappearance of MH370. These tragedies may lead to one simple question – how safe are the skies? This paper discusses how international law through the Chicago Convention regulates safe overflight and assisted in developing the aviation industry. This paper further explains that the gunning down of MH 17 was a blatant violation of international law and MAS should not be blamed and lambasted for this tragedy. This article concludes that the skies are not entirely safe for the normal practice of civil aviation and that the world community should work together in ensuring that MH 17 tragedy would not happen again

Malaysia’s Indisputable Sovereignty Over Sabah

On Jan 22, 1878, an agreement was signed between the Sultan of Sulu with two British agents, Alfred Dent, and Baron von Overbeck, ceding North Borneo to the British in return for the payment of cession money of 5,000 Malayan dollars annually to the Sultan. The payment was increased to 5,300 dollars per year when nearby islands from Banggi Island to Sibuku Bay were also ceded. Sabah was briefly placed under Japanese rule during World War II and later reverted back to British rule upon Japanese surrender in 1945. Sabah remained a British crown colony until it gained independence within Malaysia in 1963. As a component state of the Federation, Malaysia has invested billions of Ringgit to develop Sabah, establishing a working government to administer this territory. The heirs of the forgone Sulu Sultanate have not done much to display that they are in fact the sovereign rulers of Sabah. This article discusses on the recent issue pertaining to the ‘Sulu state arbitration’ requesting Malaysia to pay compensation to the heirs of the Sulu Sultanate for exercising sovereignty over Sabah from the purview of international law and state sovereignty.  The heirs of the defunct Sulu Sultanate are adamant that Sabah is still ‘part of their territory’. This article concludes that Sabah is recognized globally as part of Malaysia, in no way Malaysia is obliged to entertain claims of descendants of a long-lost sovereign. As a full member of the United Nations, Malaysia is an independent sovereign state and its sovereignty over Sabah must be respected.Keywords: Sabah, State Sovereignty, International Law, Territorial Integrity, Federation of Malaysia, Sultanate of Sul

Legitimate Interest of Coastal States in Seabed Mining: Indonesia’s Practice

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction

Conceptualizing Policy on Underwater Cultural Heritage: Towards Legal Protection and Ecotourism Promotion in Karimun Jawa, Indonesia

Karimun Jawa Island is a promising maritime asset, enriched by abundant water resources in Central Java. However, the allure of this location poses a potential threat to the sustainable ecosystems of marine biota unless prompt government action is taken to safeguard its underwater cultural heritage. This research proposes a comprehensive policy design for legal protection and ecotourism development in Karimun Jawa, balancing economic considerations and environmental preservation. Employing a socio-legal methodology encompassing interviews, observation, and focus group discussions, the study identifies substantial challenges in managing underwater cultural heritage in Karimun Jawa. These challenges encompass over-exploitation, shipwreck theft, damage from trawlers, natural disasters, and plastic pollution. The research underscores the imperative for the government to formulate measures ensuring legal protection on international, national, and regional fronts. At the global level, immediate ratification of the Convention on the Protection of Underwater Cultural Heritage 2001 is recommended. Moreover, effective collaboration among stakeholders—central and regional governments, local communities, and maritime enterprises—is deemed crucial for sustainable, culturally informed policy formulation fostering responsible management, utilization, and protection of this unique marine heritage

Straits of Malacca and Singapore: pride of the Malay archipelago, priceless maritime heritage of the world

Historical records reveal that port-kingdoms began to flourish along the Straits of Malacca and Singapore as early as the third century AD. These realms survived by regulating and exploiting trade flows between China and India and within the Malay Archipelago itself. After the fall of the Malacca Sultanate in 1511, the competition for supremacy in the Strait of Malacca continued between the regional Empires and their Western rivals until eventually, the latter were victorious. The Malay World then fell into centuries of Western colonization before the region gradually gained independence in the 20th century. Now, the Straits of Malacca is considerably bordered by Malaysia and Indonesia while the Straits of Singapore is jointly shared by Malaysia, Indonesia and Singapore. These Straits serve not only as two of the most important sea lines of communication in the world, but also are important economic lifelines for the coastal population. For centuries, these waterways have remained intact with their reputation as critical trading route and due to their remarkable significance, the Straits of Malacca and Singapore are undoubtedly priceless heritage of the maritime world