THE LEGAL FEASIBILITY OF THE IMPOSITION OF A TRAFFIC LIMITATION SCHEME IN STRAITS USED FOR INTERNATIONAL NAVIGATION: A STUDY OF THE STRAITS OF MALACCA AND SINGAPORE
MOHD HAZMI BIN MOHD RUSLI
Abstract
The Straits of Malacca and Singapore are two of the most significant international chokepoints with navigational traffic amounting to almost 80, 000 vessels annually. 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 unimpeded right of transit passage while navigating through straits used for international navigation. The conferment of this right to ships of all flags creates a difficult situation for States bordering busy waterways, particularly in protecting the marine environment of those straits from vessel-source of marine pollution. Hence, this paper aims to discuss the question of the viability and practicability of the application of this traffic limitation scheme if such a scheme is introduced in the Straits of Malacca and Singapore and the potential legal and political implications arising out of such an implementation.
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