The inhibitions of International Law of the Sea on Malaysia’s Maritme Defence Doctrine (original) (raw)

A New Maritime Legal Regime for Malaysia Within the Context of Ocean Governance 1

1998

The United Nations Convention on the Law of the Sea, 1982 (LOSC or the 1982 Convention) came into force on 16 November 1994. Malaysia signed the LOSC on 10 December 1982 and ratified it fourteen years later on 14 October 1996. Upon its ratification, the Malaysian Ministry of Foreign Affairs issued a Declaration concerning Malaysia’s position with regard to certain provisions in the LOSC and the Alternate Permanent Representative of Malaysia to the United Nations, H.E. Ambassador Agam, further elaborated on Malaysia’s views in a Statement at the 51 st . Assembly of the United Nations General Assembly (UNGA). The Declaration and Statement contain Malaysia’s proclamation, interpretation and understanding of specific provisions of the LOSC relating to sovereignty, sovereign rights, security, jurisdiction, pollution prevention, navigational rights, maritime boundaries, access to fishery, military exercises or manoeuvres and jurisdiction over marine archaeological objects. In the statemen...

The US-Malaysia Maritime Security Cooperation and Implication Towards Malaysia’s National Security

Malaysian Journal of Social Sciences and Humanities (MJSSH), 2022

Maritime security cooperation is a strategic approach engaged by the Malaysian government that involves a bilateral agreement with the United States (US), including the various agencies and organizations. The involvement with maritime security is due to the emergence of serious Non-Traditional Security (NTS) threats over the Malaysian waterways (Straits of Malacca, the South China Sea and the Sulu Sea in Eastern Sabah). The bilateral security cooperation aims to overcome the Malaysian government’s gaps and limitations to govern its waterways. A qualitative method was used in this research to explain the implication of the US-Malaysia maritime security cooperation towards Malaysia’s national security, specifically in the maritime domain, from 2010 until 2021. This research has three objectives, namely; 1) to investigate maritime security issues and challenges; 2) to identify the importance of the US Malaysia maritime security cooperation; 3) to analyze the implications of security co...

The US National strategy for maritime security 2005 and its geopolitical implications on Malaysia

2011

This article is written on the assumption that Malaysia---a major littoral state to the Straits of Malacca and the South China Sea---may experience a delicate diplomatic situation resulting from the preemptive character of the US National Strategy for Maritime Security 2005---NSMS 2005---which could motivate rivalry, provoke conflict, and induce war in Southeast Asia. The assumption is such because the US is now perceived to be using NSMS 2005 as its latest geopolitical tool to contain China, to safeguard its energy security geopolitics, and in anticipation of maritime-based resource war in the region. The crux of this article, therefore, is based on the question how will Malaysia maintain its balanced relations toward the US and China in the context of this geopolitical framework. As such, this article attempts to analyze the preemptive character of NSMS 2005, to ascertain the China Factor contained in it, and to examine the impacts and implications of this maritime strategy on Mal...

International Law of the Sea: An Overlook and Case Study

Sea is a large body of water that is surrounded by the land. It is a crucial part of human trade and commerce, voyage, mineral extraction, power generation and is also considered as an essential source of blue economy nowadays. International law of the sea is a law of maritime space that peacefully settles the global disputes on maritime boundary between or among the States and defines various jurisdictions of the maritime zones as well as the rights and obligations of the coastal States in these zones, especially with regard to the conservation of marine environment and biodiversity. The key objective of this piece of academic research is to demonstrate a brief overview of the international law of the sea with a special emphasize on the sources and legal framework of this law. This study also strives to focus the civil and criminal liability, jurisdictions, rights and obligations of the coastal states with regard to the different maritime zones. Furthermore this study delineates the rules and extent of using these maritime zones in the light of various treaty provisions on the international law of the sea where different adjudicated cases are also presented along with a profound scrutiny upon their fact, issues, judgment and reasoning.

Malaysia's Maritime Security Challenges and the Development of the Royal Malaysian Navy: Old Problems and New Threats

The Korean Journal of Defense Analysis, 2018

The situation in Southeast Asia brings attention not only to the regional countries, but also to the great powers. The growing People’s Republic of China’s economy and military especially causes concern regarding the stability of the whole Southeast Asia region. Smaller Southeast Asian countries may be overwhelmed by China. Amongst these countries is Malaysia, which tries to secure its national interest in the region, especially in the South China Sea. Malaysia faces some maritime security threats caused by its stakes in the Spratly Islands dispute. The article attempts to elucidate the contemporary condition of the Royal Malaysian Navy (RMN), especially in the field of warships. Moreover, the study tries to answer the question of why the RMN is an important branch of the Malaysian Armed Forces and plays a vital role in securing Malaysian safety. The article is divided into two parts. The first describes the problems which Malaysia faces in the field of maritime security. The second elaborates the assets of the RMN, mostly in major combatant ships. This paper concludes with a summary of the RMN’s major vessels that have been and will be developed from 1990 to 2025.

Military Activities in the Exclusive Economic Zone. A Contentious Issue of the International Law of the Sea

Journal of Security and Sustainability Issues

This article analyses military activities in the Exclusive Economic Zone (EEZ) from a legal point of view. It starts from the discussion of the principles of Mare Liberum and Mare Clausum, which are at the basis of the United Nations Convention of the Law of the Sea (UNCLOS). This latter is the main instrument regulating the relations among states at sea. The tension between the two principles reflects the tension between coastal State control and maritime State that dominates the whole discussion on which this article is written. The analysis is supported by a recent example, namely the NordBalt case that clearly shows both the uncertainty of the issue and the relevance of the topic in the relations between states.

The Occupation of Maritime Territory under International Humanitarian Law

International Law Studies, 2019

This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes how the actual authority test embodied in Article 43 of the 1907 Hague Regulations applies to maritime territory and maintains that maritime territory may be occupied only in connection to an occupation of land territory. The article then addresses why applying the law of occupation to maritime territory may solve some of the current problems regarding the duties and rights of occupying powers in relation to the sea off the coasts of the areas they occupy. In particular, the application of the law of occupation can affect the exploitation of natural resources at sea and the regulation of the use of armed force. Finally, the article explores how the rules embodied in the law of occupation interact with the rules on naval warfare in the occupied maritime territory.