Mary George

Protecting the Malacca and Singapore Straits from Ships’ Atmospheric Emissions through the Implementation of MARPOL Annex VI

The International Maritime Organization ( IMO ) adopted legally binding regulations for the control of ships’ atmospheric emissions under Annex VI of the International Convention for the Prevention of Marine Pollution from Ships, 1973/78. With Singapore, Malaysia and Indonesia being States Parties thereto, consequently, one of the effects in the Malacca and Singapore Straits is that it enables the Straits States, together with the IMO , to designate emission control areas for the approximately 75,000 ships transiting annually. This article examines the robust provisions of Annex VI for the marine environmental protection of the Straits and the contentious debates preceding an otherwise dead-locked technology-transfer resolution for implementing Annex VI . If implemented, Annex VI provisions will represent a unique milestone in the protection of the marine environment of the Straits which is regulated by the restrictive provisions of Part III of the 1982 United Nations Convention on the Law of the Sea.

Implementation of the Cape Town Convention in Malaysia

Many of us may board an aeroplane without a second thought on issues relating to financing, sale, lien or mortgage of the aircraft. Why do we even want to know? We need to know this because there are many issues regulating the different parts of the aircraft that we board. Different from principles of public air law found in the Convention on International Civil Aviation signed on 7 December 1944 by 52 States, the present private law Convention on aircraft financing is called the Cape Town Convention on International Interests in Mobile Equipment (also called the Cape Town Convention) and Aircraft Protocol. It was adopted by UNIDROIT on 16 November 2001 and it entered into force on 1 March 2006. The two Conventions do meet at some point in relation to mortgages and financing of aircraft engines and parts. With 59 contracting States, the Cape Town Convention represents a very important private commercial law treaty which sets out the law on security and related interests in aircraft objects. Upon ratifying the Convention, it assists States in the uniform adoption of national laws in this field. Professor Sir Roy Goode’s works in drawing up the Official Commentary on the Convention and Aircraft Protocol are only too well-known.

Marine Spatial Planning: What Does It Have to Offer Malaysia?

Marine spatial planning (MSP) has been gaining traction in environmental policy debates and in emerging state practice as an effective tool for adaptive and multi-scale management, providing mechanisms for the resolution of jurisdictional conflicts between actors in the marine environment. This article reviews its essential characteristics and then assesses its acceptance within the international community, particularly in the European Union and the developed world, as a major tool for environmental protection. Then, taking Malaysia as a case-study, the article considers the advantages of developing MSP to resolve multi-sectoral and inter-jurisdictional conflicts amongst the States of the Federation and multiple actors to achieve its economic and environmental objectives.

A Note on and a Proposal with Respect to the Transportation of Nuclear Cargoes in International Straits

The adoption of an international agreement to create a regime of prior communication and cooperation in the establishment of a precautionary contingency plan for nuclear spills for straits used for international navigation is vital as the peaceful uses of nuclear energy continue to be attractive to states, including Asian states, as a component of a sustainable energy strategy. With the expected rise in nuclear commerce for peaceful purposes, the need for a comprehensive framework for nuclear cargoes and wastes exists and this includes suitable response action plans for nuclear spills. The international instruments adopted by the International Maritime Organisation and the International Atomic Energy Agency provided a framework for the safe and secure carriage of nuclear materials from, other things, piracy, terrorism and sabotage. This article focuses on the movement of vessels carrying nuclear cargoes and wastes through the territorial sea waters of international straits and the necessary relationship that should exist between the vessels and the adjacent coastal States.