Cooperation Between Coastal States and User States in the Malacca And

WORLD MARITIME UNIVERSITY Malmö, Sweden COOPERATION BETWEEN COASTAL STATES AND USER STATES IN THE MALACCA AND SINGAPORE STRAITS UNDER ARTICLE 43 OF THE UNCLOS 1982 Cost burden sharing and possible solutions for the establishment of a funding mechanism By RYOJI HAYASHI Japan A dissertation submitted to the World Maritime University in partial Fulfilment of the requirements for the award of the degree of MASTER OF SCIENCE in MARITIME AFFAIRS (Maritime Administration) 2002 ©Copyright Ryoji HAYASHI, 2002 DECLARATION I certify that all the material in this dissertation that is not my own work has been identified, and that no material is included for which a degree has previously been conferred on me. The contents of this dissertation reflect my own personal views, and are not necessarily endorsed by the University. (Signature): (Date): Supervised by: Captain John Liljedahl World Maritime University Assessor: Ms. Jennifer Ketchum Institution/organisation: World Maritime University Co-assessor: Capt. Robert Hofstee Institution/organisation: Nautical Consultant ii ACKNOWLEDGEMENTS I would like to express my gratitude and appreciation to the people and organisations who have contributed in various ways to my studies at WMU. First of all, I wish to thank the Ship and Ocean Foundation for sponsoring my studies at the University. I am also grateful to the Japan Coast Guard for nominating me to attend this course. My sincere thanks go to Captain John Liljedahl, my supervisor, for his advice, guidance and encouragement throughout my dissertation. I also wish to thank Ms. Jennifer Ketchum, my assessor, for her advice and support throughout my work. I thank various governments and organisations for providing research materials during the progress of my work. I thank all the library staff for their willingness and assistance. I would also like to thank the English Language staff and especially Ms. Inger Battista for her support in giving linguistic advice. My gratitude goes to the staff of the Maritime Administration Course for the overall management of the course. I am also grateful to the University staff and those who are not mentioned here for their assistance. My thanks are extended to my colleagues at the University and to my friends for their support and warm friendship. Special thanks go to my beloved wife, Yasuko Hayashi, and my beloved son, Sekai Hayashi, for their patience and great support during my two years of absence. Last but by no means least, I would like to thank my father, Mr. Go Hayashi, and my mother, Mrs. Tatsuko Hayashi, for their support and inspiration. iii ABSTRACT Title of Dissertation: Cooperation between Coastal States and User States in the Malacca and Singapore Straits under Article 43 of the UNCLOS 1982: Cost burden sharing and possible solutions for the establishment of a funding mechanism Degree: MSc The shipping industry has undergone unprecedented developments in recent years due to the fast growth of world economy and trade. This trend will be maintained for the years to come. The Malacca and Singapore Straits, as one of the world’s main trade routes, have witnessed this fast development in the shipping industry, which has brought both opportunities and challenges to the littoral states of the Straits. The ever increasing number of ships, especially oil tankers transiting through the Straits and the increased public awareness of the protection of the marine environment have made the commitment to improve safety and pollution prevention in the Straits even more important and urgent. However, apart from the endeavours made by the three littoral states, there has not been much input from the users’ side, either technically or financially. The topic is to highlight the necessity and importance of cooperation between the littoral and user states in enhancing safety and pollution prevention in the Straits, especially the importance and urgency of the establishment of a funding mechanism, and to examine the problems existing in the formation and putting in practice an effective cooperative iv mode between the two sides. By looking at the funding mechanisms adopted by some other waterways and by analysing the usage of the Straits, the author also tries to find a framework of cooperation in this aspect which is the most suitable for the Straits. Finally, the author makes proposals and recommendations for the related parties with a view to achieving and maintaining higher standard of safety in the Straits. KEYWORDS: Safety, Cooperation, Malacca, International Strait, Funding, UNCLOS v TABLE OF CONTENTS Declaration ii Acknowledgements iii Abstract iv Table of Contents vi List of Tables ix List of Figures x List of Abbreviations xi 1 Introduction 1.1 Background 1 1.2 Purpose of this research 2 1.3 Scope of study 3 2 General information of the Malacca and Singapore Straits 2.1 Introduction 5 2.2 Geographical Profile 6 2.3 Navigational features of the Straits 7 2.4 Economic significance of the Straits 9 3 Cooperation in enhancing navigational safety and pollution prevention in the Malacca and Singapore Straits 11 3.1 Introduction 12 3.2 Commitments by the littoral states 14 3.3 IMO’s key role in the Straits 18 3.4 Cooperation with user states vi 4 Management and operation of international straits 4.1 Introduction 21 4.2 The Turkish Straits 21 4.3 The Strait of Dover 24 4.4 The International Ice Patrol in North Atlantic Ocean 25 4.5 The North Atlantic Air Traffic Control 27 4.6 The Red Sea lighthouses 29 4.7 The Strait of Magellan 30 4.8 The Strait of Gibraltar 32 4.9 Findings 33 5 Cost burden sharing for the maintenance of the Malacca and Singapore Straits 5.1 Introduction 35 5.2 History of sharing the cost of installing navigational aids 36 5.3 Status quo of cost burden sharing in the Straits 36 5.4 Views from the shipping community regarding cost burden 37 sharing 5.4.1 From the littoral states 37 5.4.2 From the user states 40 5.4.3 General principles of funding mechanism 40 5.5 Statistics of traffic in the Malacca and Singapore Straits 41 6 Issues relating to the UNCLOS 6.1 Introduction 53 6.2 User states 53 vii 6.3 Meaning of “should” 54 6.4 Cost payment to services for transit passage 55 6.5 Methods of cooperation between littoral states and user 57 states by agreement 7 Conclusion and recommendations 59 References 66 Appendices Appendix 1 Questionnaire (to coastal and user states) 71 Appendix 2 Developing principles for charging users the cost of maritime 75 infrastructure proposed by UK. Appendix 3 Japan’s contribution 77 viii LIST OF TABLES Table 4-1 The Turkish Straits 22 Table 4-2 The Strait of Dover 24 Table 4-3 The International Ice Patrol 26 Table 4-4 The North Atlantic Air Traffic Control 28 Table 4-5 The Red Sea Lighthouses 30 Table 4-6 The Strait of Magellan 31 Table 4-7 The Strait of Gibraltar 33 Table 5-1 Transits Broken Down by Flag 42 Table 5-2 Transits Broken Down by Ownership Nationality 44 Table 5-3 Transits Broken Down by Capacity 46 Table 5-4 Transits Broken Down by Export Volume 48 Table 5-5 Transits Broken Down by Export Value 49 Table 5-6 Transits Broken Down by Import Volume 50 Table 5-7 Transits Broken Down by Import Value 51 ix LIST OF FIGURES Figure 1-1 The Malacca and Singapore Straits 6 Figure 5-1 Transits Broken Down by Flag 43 Figure 5-2 Transits Broken Down by Ownership Nationality 45 Figure 5-3 Transits Broken Down by Capacity 47 Figure 5-4 Transits Broken Down by Export Volume 48 Figure 5-5 Transits Broken Down by Export Value 49 Figure 5-6 Transits Broken Down by Import Volume 50 Figure 5-7 Transits Broken Down by Import Value 51 Figure 7-1 The Alternative Routes 59 x LIST OF ABBREVIATIONS AIS Automatic Identification System CALDOVREP The mandatory reporting system in the Dover Strait CLC 69/92 International Convention on Civil Liability for Oil Pollution Damage 1969 and its 1992 Protocol CNIS Channel Navigation Information Service ECDIS Electronic Chart Display and Information System ENC Electronic Navigational Charts Fund 71/92 International Convention on the Establishment of International Fund for Compensation for Oil Pollution Damage 1971 and its 1992 Protocol GEF Global Environment Facility GPS Global Positioning System ICAO International Civil Aviation Organization IIP The International Ice Patrol IMO International Maritime Organization JMSC Japan Malacca Straits Council MARPOL73/78 International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 MEH Marine Electric Highway MSC Maritime Safety Committee OPRC 90 International Convention on Oil Pollution Preparedness, Response and Cooperation 1990 OSPAR Oil Spill Preparedness And Response xi OSRAP Oil Spill Response and Action Plan PEMSEA Partnership in Environmental Management for the Sea of the East Asia SOLAS Convention on the Safety of Life at Sea STRAITREP The mandatory ship reporting system in the Malacca and Singapore Straits TSS Traffic Separation Scheme TTEG Tripartite Technical Experts Group TUBRAP Ship reporting system in the Turkish Straits UKC Under Keel Clearance ULCC Ultra Large Crude oil Carrier UNCED United Nations Conference on Environment and Development UNCLOS United Nations Convention on the Law of the Sea UNEP United Nations Environment Programme VLCC Very Large Crude oil Carrier VTIS Vessel Traffic Information System VTS Vessel Traffic System xii 1. Introduction 1.1 Background Seventy-one percent of the planet is covered by oceans which not only provides resources and life support for human society through its biological diversity, but also serves as the major highway for international trade. It is said that 80% of the world trade is ocean-depending and the bulk of international freight is carried by ships.

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