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

Sabah and the Malaysia federation: leaves of the same tree

57 years of nationhood – Malaysia recently celebrated its national day as a proud, successful and progressive nation. Nevertheless, the 2014 edition of independence and Malaysia Day celebrations were somewhat tarnished by unwarranted calls for Sabah to secede from the Federation. Should Sabah leave

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

Drawing Malaysia\u27s line over the straits

The South China Sea has been an area of focus, particularly in the issues of conflicting maritime claims among countries in the region. Less focus, however, is given to the conflicting maritime claims that are still ongoing between Malaysia and its neighbours in the Straits of Malacca and Singapore

在用于国际航行的海峡实施成本回收机制的法律可行性：基于马六甲和新加坡海峡的研究

Mohd Hazmi bin Mohd Rusli,Senior Lecture of Syariah&Law,University Sains Islam Malaysia,Associate Fellow,Institute of Oceanography and Environment,University Malaysia Terengganu.E-mail:[email protected].［Abstract］The Straits of Malacca and Singapore are two of the world's most significant maritime chokepoints with navigational traffic amounting to approximately 74,000 vessels annually. Part III of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) prescribes that vessels and aircraft of all flags may exercise the right of unimpeded transit passage when navigating through straits used for international navigation. Conceptually, through the introduction of the transit passage regime, the UNCLOS has prohibited any form of toll imposition on transiting ships. The conferment of this right to ships of all flags has created a difficult situation for the States bordering these busy waterways, particularly in protecting the marine environment of such straits from vessel-source pollution. Australia has been successful in designating the Torres Strait as a Particularly Sensitive Sea Area (PSSA) in 2005，with compulsory pilotage as the applicable Associated Protective Measure (APM), thus, minimising the risks of maritime casualties in the said waterway. Assuming that the PSSA designation is also extended to the Straits of Malacca and Singapore, the implementation of the most potentially suitable APM would probably materialise through the introduction of a “cost recovery mechanism” which could be in the form of toll-levying scheme, given the nature of the Straits which are busy with transiting traffic. The funds collected from toll collection could be used to maintain and upgrade the aids to navigation installed along the Straits, which, in turn, would enhance the safety of navigation, hence reducing the risks of maritime accidents that may pose threats to the marine environment of the Straits. This paper aims to discuss the question of the viability and practicability of the application of this toll-levying scheme if such is introduced in the Straits of Malacca and Singapore and the potential legal and political implications arising out of such an implementation.［文摘］马六甲和新加坡海峡是世界上两个重要的海上通道，每年有总计约7.4万艘船舶的航行交通量。1982年《联合国海洋法公约》第三部分规定，所有船旗国的船舶和飞机，在通过用于国际航行的海峡时，都享有不受阻碍的过境通行权。从概念上来说，通过引入过境通行制度，《联合国海洋法公约》已经禁止对过境船舶征收任何形式的通行费。给予所有船旗国船舶这一权利，令毗邻这些繁忙航道的国家处境困难，尤其是在保护海峡海洋环境免受来自船舶的污染方面。澳大利亚已于2005年成功指定托雷斯海峡为“特别敏感海域”，并以强制引航作为可适用的相关保护措施，这有助于托雷斯海峡海上事故风险的最小化。假定将马六甲和新加坡海峡也指定为特别敏感海域，鉴于其繁忙的过境交通性质，通过引入“成本回收机制”(以通行费征收制度的形式)，或许能实现最适宜的相关保护措施的实施。收取通行费而筹集的基金可以用于维护和更新沿整个马六甲和新加坡海峡设置的助航设备，提高航行安全，从而降低可能对海峡海洋环境造成威胁的海上事故的风险。本文旨在探讨在马六甲和新加坡海峡引入这种通行费征收制度的可行性和实用性问题，以及实施中可能引起的法律和政治影响

A priceless maritime heritage

THE Straits of Malacca and Singapore Strait have been vital shipping routes for international trade for hundreds of years. The region around the Straits of Malacca and Singapore Strait is steeped in a long and continuous history of trade, shipping, colonisation and the race towards attaining political and economic supremacy, both before and during the age of European dominion. The Straits of Malacca was initially known as the “Sea of Malayu”. The first reference to the “Sea of Malayu” was from an Arabic document dating back to the 9th century AD, noting the Malay influence in the region. Both the Straits of Malacca and Singapore Strait were largely responsible for the emergence and downfall of various kingdoms along their length, some of which did develop into regional maritime empires and important trading centres. Srivijaya, Majapahit and Malacca were great kingdoms of the past that used to dominate this region. Malacca prospered until 1511 as a crucial link in world trade. It was said that the city of Malacca was as large as other European cities at that time, such as Naples and Paris. The profound influence of the Malacca sultanate, which dominated the straits for over a century, is evident with the name the Straits of Malacca carries up to this day

Balancing shipping and the protection of the marine environment of straits used for international navigation: a study of the straits of Malacca and Singapore

The importance of the Straits of Malacca and Singapore for the global shipping industry and world trade can’t be underestimated. In 2010, these routes were navigated by more than 74,000 vessels of various types. If the Straits were to be closed to navigation, global trade would be adversely affected, thus, injuring the world’s economy. Issues relating to the marine environment of these Straits have always been contentious. The littoral States may enforce marine environmental protection measures to protect the straits under the United Nations Convention on the Law of the Sea 1982 (LOSC), but their powers are limited by the application of internationally accepted regulations. The national laws of the littoral States governing safety of navigation and control of vessel-source pollution must correspond to the LOSC and other International Maritime Organization (IMO) conventions that the littoral States have ratified. This situation makes it difficult for them to effectively manage the marine environment of these shipping routes. Issues relating to vessel-source marine pollution are endemic in the Straits of Malacca and Singapore and with the projected increase of shipping traffic in future years, current protective measures may not be entirely sufficient to safeguard the marine environment of these waterways. This Thesis examines the potential environmental protective measures that the littoral States may, either collectively or individually, adopt in the future. Current and future alternative routes to the Straits of Malacca and Singapore for shipping traffic to use are also identified. The Straits of Malacca and Singapore are collectively a priceless maritime heritage and steps must be taken to ensure the marine environment of these waterways is protected from pollution and degradation

Should Malaysia Reopen Batu Puteh?

The International Court of Justice (ICJ) awarded Batu Puteh (Pedra Branca) to Singapore in 2008. However, the sovereignty over the Middle Rocks, a maritime feature that is located about one kilometre from Batu Puteh was granted to Malaysia. This decision left a huge impact for maritime boundary delimitations in this region and incited mixed feelings among Malaysians, Singaporeans and the global community as a whole. Quite recently, the Sultan of Johor has suggested for a special team to be established in making an appeal against the decision of the ICJ in 2008. This article therefore discusses the potential legal and political implications should both Malaysia and Singapore, agree to revive this case again at the ICJ. This article concludes that while this suggestion may possess merits, it is nevertheless more feasible for Malaysia and Singapore to resolve the related disputes through bilateral negotiations so as to preserve the concept of good neighbourliness and to avoid unnecessary disputes in the future

The proposed Johor-Riau link: a tunnel to nowhere?

Peninsular Malaysia and the Indonesian island of Sumatra are separated by a narrow funnel-shaped waterway of the Strait of Malacca. Plans have been made to link Sumatra and Peninsular Malaysia through a bridge or a tunnel, with the objectives of boosting trade and tourism activities in the region. Nevertheless, as the proposed bridge would span across the Strait of Malacca which is now one of the world\u27s busiest maritime chokepoints, this proposed project may face objections from the international maritime community. As an alternative, a suggestion has been made of constructing the Johor-Riau Link by tunneling the Strait instead. This article examines the positive and negative economic, political and legal implications should the Johor Riau Link project is carried out. This article concludes by reiterating that both Malaysia and Indonesia are not prepared for the construction of Johor-Riau Link, at least not at the current point of time