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9 - Back to the Future: Feasible Cost-Sharing Co-operation in the Straits of Malacca

Published online by Cambridge University Press:  12 December 2020

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Summary

Abstract

This chapter explains the importance of Britain's abolition of dues in the Straits of Malacca and Singapore in the early nineteenth century in relation to contemporary cost-sharing co-operation in the Straits. It points out that the opening of the Straits during British colonial rule was particularly important in transforming the legal regime in the Straits and advancing a free-passage regime in straits used for international navigation. Given the contemporary implementation of the free passage regime the collection of dues to maintain the safety of navigation and prevent pollution in the Straits of Malacca and Singapore is prohibited. In dealing with cost-sharing problems that are rooted in the colonial era, this chapter surveys possible examples of cost-sharing co-operation from the past and present. These examples show that despite the free-passage regime being the accepted norm, there are legal precedents for cost-sharing co-operation in waters used for international navigation.

Introduction

Safety of navigation and marine pollution in the Straits of Malacca and Singapore are important issues both for Straits states and the international maritime community. The Straits are an area of enormous significance. The majority of Middle East oil exports to Asia and most commerce between Asia and Europe pass through this 980-kilometre-long Straits (Coutrier 1988: 186). At least 400 ships navigate through the Straits of Malacca and Singapore every day. This includes 72 percent of supertankers and other vessels plying between the Indian and Pacific Oceans, making these Straits the busiest sea lane of communication and sea lane of oil trade globally (United States Energy Information Administration 2011; United States Department of Defense 2006: 33). At its narrowest point the Straits are only 2.75 kilometres wide and at its shallowest point 25 metres deep, creating a natural bottleneck and making it vulnerable to potential collisions, grounding, oil spills, or terrorist attack (Reuters 2010; United States Energy Information Administration 2011). In the period after the 11 September attacks, the potential for maritime terrorism and sea robbery in the Straits has grabbed headlines in the media but for littoral state officials and the concerned shipping businesses the safety of navigation is deemed a more immediate concern because of the risk of collision, grounding, and near misses.

Type
Chapter
Information
Asian Cities
Colonial to Global
, pp. 187 - 214
Publisher: Amsterdam University Press
Print publication year: 2015

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