Date of Award
2015
Document Type
Dissertation
Degree Name
Master of Science in Maritime Affairs
Specialization
Maritime Law & Policy
Campus
Malmö, Sweden
Country
Indonesia
First Advisor
Romero Lares, María Carolina.
Abstract
Due to the development of the international trade, the shipping industry has become one of the prime methods of carrying commodities. Commodities are usually shipped through the main international routes, including the main international straits, which are usually used for international navigation. To regulate the rights and obligations between the littoral States and user States in the international Straits, UNCLOS 1982 adopted provisions, which are related to the Straits Used for International Navigation regime. The Straits of Malacca and Singapore are part of this regime. To enhance the safety of navigation and marine environmental protection in the Straits of Malacca and Singapore, the littoral States (Indonesia, Malaysia and Singapore) have developed policies and initiatives based on Part III of UNCLOS 1982. The littoral States also successfully established the Cooperative Mechanism in the Straits, to invite broader involvement from the user States, shipping industry and stakeholders in the enhancement of the safety of navigation and marine environmental protection in the Straits of Malacca and Singapore, under the spirit of burden sharing under Article 43 of UNCLOS 1982. This research aims to review the implications of the implementation of Part III of UNCLOS 1982 in the enhancement of the safety of navigation and marine environment protection in the Straits of Malacca and Singapore, and also to review the current development of the Cooperative Mechanism and policies taken under the Tripartite Technical Experts Group (TTEG) on safety of navigation in the Straits. Based on the marine accidents and marine pollution data in the Straits of Malacca and Singapore in the period of 2001 – 2014 and also from the meeting reports and other related sources, where the accidents and pollution were decreasing, it could be concluded that the implementation of Part III of UNCLOS 1982, in particular the establishment of Cooperative Mechanism, was effective in enhancing the safety of navigation and marine environmental protection in the Straits of Malacca and Singapore. Further, all of the policies developed under TTEG and Cooperative Mechanism, are in accordance with Part III of UNCLOS 1982, and also with the prevailing rules and regulations.