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Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait

The United Nations Convention on the Law of the Sea 1982 (LOSC) prescribes that ships and aircrafts may exercise the unimpeded right of transit passage when navigating or flying over straits used for international navigation. The Straits of Malacca and Singapore are largely categorised as straits th...

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Main Author: Mohd Hazmi, Mohd Rusli,
Format: Article
Language:English
Published: Elsevier Sci Ltd 2015
Online Access:http://ddms.usim.edu.my/handle/123456789/8393
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spelling my.usim-83932017-02-23T03:46:43Z Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait Mohd Hazmi, Mohd Rusli, The United Nations Convention on the Law of the Sea 1982 (LOSC) prescribes that ships and aircrafts may exercise the unimpeded right of transit passage when navigating or flying over straits used for international navigation. The Straits of Malacca and Singapore are largely categorised as straits that fall under this category. Consistently described as two of the most critical chokepoints in the world, the Straits of Malacca and Singapore are accommodating increasing navigational traffic each year. This has caused difficulties to the littoral States in balancing heavy shipping activities with the protection of the marine environment of these critical straits. This article hence analyse the legal and political implications should the littoral States of the Strait of Malacca, namely Malaysia and Indonesia retract their 12 nautical miles territorial sea claim in the Strait of Malacca to 3 nautical miles, leaving exclusive economic zone (EEZ) or high seas corridor spanning across the Strait, nullifying the application of transit passage regime. At the moment, Japan and South Korea have decided not to extend their territorial claims over the Korea Strait from 3 nautical miles to 12 nautical miles territorial sea limit. As such, this article conducts a specific case study by looking at the arising circumstances should Malaysia and Indonesia follow the Korea Strait approach. This article concludes on whether or not this proposed measure may a viable method to increase the regulatory powers of the littoral States in regulating shipping through the Strait of Malacca. (C) 2013 Elsevier Ltd. All rights reserved. 2015-06-16T06:21:30Z 2015-06-16T06:21:30Z 2013 Article 0964-5691 http://ddms.usim.edu.my/handle/123456789/8393 en Elsevier Sci Ltd
institution Universiti Sains Islam Malaysia
building USIM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universit Sains Islam i Malaysia
content_source USIM Institutional Repository
url_provider http://ddms.usim.edu.my/
language English
description The United Nations Convention on the Law of the Sea 1982 (LOSC) prescribes that ships and aircrafts may exercise the unimpeded right of transit passage when navigating or flying over straits used for international navigation. The Straits of Malacca and Singapore are largely categorised as straits that fall under this category. Consistently described as two of the most critical chokepoints in the world, the Straits of Malacca and Singapore are accommodating increasing navigational traffic each year. This has caused difficulties to the littoral States in balancing heavy shipping activities with the protection of the marine environment of these critical straits. This article hence analyse the legal and political implications should the littoral States of the Strait of Malacca, namely Malaysia and Indonesia retract their 12 nautical miles territorial sea claim in the Strait of Malacca to 3 nautical miles, leaving exclusive economic zone (EEZ) or high seas corridor spanning across the Strait, nullifying the application of transit passage regime. At the moment, Japan and South Korea have decided not to extend their territorial claims over the Korea Strait from 3 nautical miles to 12 nautical miles territorial sea limit. As such, this article conducts a specific case study by looking at the arising circumstances should Malaysia and Indonesia follow the Korea Strait approach. This article concludes on whether or not this proposed measure may a viable method to increase the regulatory powers of the littoral States in regulating shipping through the Strait of Malacca. (C) 2013 Elsevier Ltd. All rights reserved.
format Article
author Mohd Hazmi, Mohd Rusli,
spellingShingle Mohd Hazmi, Mohd Rusli,
Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait
author_facet Mohd Hazmi, Mohd Rusli,
author_sort Mohd Hazmi, Mohd Rusli,
title Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait
title_short Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait
title_full Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait
title_fullStr Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait
title_full_unstemmed Replacing the transit passage regime with freedom of navigation in the Strait of Malacca: A case study with special reference to the Korea Strait
title_sort replacing the transit passage regime with freedom of navigation in the strait of malacca: a case study with special reference to the korea strait
publisher Elsevier Sci Ltd
publishDate 2015
url http://ddms.usim.edu.my/handle/123456789/8393
_version_ 1645152408763891712
score 13.211869

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