No abstract

Part III of the United Nations Convention on the Law of the Sea 1982 prescribes that vessels and aircraft of all flags may exercise the right of transit passage while navigating through straits used for international navigation. This created a difficult situation for states bordering straits, particularly in protecting the marine environment of their territorial straits from vessel‐source pollution. The Torres Strait was designated as a Particularly Sensitive Sea Area (PSSA) in 2005 and Australia introduced a compulsory pilotage regime as its Associated Protective Measures (APM), which has been effective in minimizing the risk of casualties in the Torres Strait. The increasing shipping traffic in the Straits of Malacca and Singapore may bring about adverse effects to the marine environment of these waterways. Hence, this article discusses the question of the viability and practicability of application of compulsory pilotage, should it be extended to the Straits of Malacca and Singapore.

The United Nations Convention on the Law of the Sea 1982 (LOSC) prescribes the application of the transit passage regime for vessels navigating via straits that connect one part of the high seas/exclusive economic zone (EEZ) to another part of the high seas/EEZ. The Straits of Malacca and Singapore fulfill this criterion if they are considered as one strait. Nevertheless, if both straits are considered as separate, then the situation would be different. This article discusses the types of navigational regimes in straits as prescribed by the LOSC and ventures into the potential legal and political implications that may arise should transit passage regime cease to apply in critical straits like the Straits of Malacca and Singapore. Indeed, the Straits of Malacca and Singapore are important sea lines of communication, and any interference with shipping would obviously disrupt the well‐being of the global economy, particularly that of the Asia‐Pacific region.

This article focuses on the regulation of maritime autonomous surface vessels from the perspective of international law of the sea. The article discusses on the possibility of developing a legal framework to regulate autonomous maritime navigation based on laws and regulation of autonomous driving of landed vehicles. The authors opine that existing legal framework does not conform to the goal of regulation of autonomous navigation. However, the regulation of autonomous car testing and exploitation could be imitated to design a new legal framework for autonomous shipping. Despite the divergent approaches, some principles remain in common particularly of cybersecurity and privacy. As computer systems are replacing the need of a master and crew for digitally managed ships, low level of cybersecurity implies an increase in risk of losing control over the vessel. The authors are of the opinion that that current legal acts, standards and their drafts do not pay necessary attention to the problem of cybersecurity of autonomous ships. Moreover, current legislations do not provide mechanisms of influence on behavior of shipowner and shipbuilder to make them apply the best measures. The similar situation is with privacy. Factually, an autonomous ship is a natural tool for surveillance, as to effectively navigate through the seas, it must collect and process information pertaining to navigational safety and other related matters. The question raises how this information has to be collected, kept, processed and deleted. Thus, the maritime community may consider adopting the approach on privacy from regulation for autonomous cars.

The Straits of Malacca and Singapore are two of the world’s most crucial maritime highways. Srivijaya and the Malacca Sultanate were among the regional formidable political entities that were successful in exerting their power and influence over the Straits. The pre-eminence of the local kingdoms were overshadowed by the arrival of the European imperialists as early as the 16th century, that changed the political dynamics in the region. The Straits of Malacca and Singapore remain important till today as it provides the shortest route linking petroleum producing-nations of West Asia and the oil consumers of East Asia. As such, the significance of the Straits of Malacca and Singapore global fulcrum of maritime trade is indisputable. Nevertheless, despite being the caretaker of these important Straits, Malaysia and Indonesia have a long way to go before they could be regarded as influential maritime States. This article concludes that both Malaysia and Indonesia should develop its oceans policy to go hand in hand with the global significance of the Straits of Malacca and Singapore. This has to be done in ensuring that both Malaysia and Indonesia could relive the glorious moments once enjoyed by both its predecessors – Srivijaya and Malacca.