University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2012 Balancing shipping and the protection of the marine environment of straits used for international navigation: a study of the straits of Malacca and Singapore Mohd Hazmi Bin Mohd Rusli University of Wollongong Recommended Citation Mohd Rusli, Mohd Hazmi Bin, Balancing shipping and the protection of the marine environment of straits used for international navigation: a study of the straits of Malacca and Singapore, Doctor of Philosophy thesis, Australian National Centre for Ocean Resources and Security, University of Wollongong, 2012. http://ro.uow.edu.au/theses/3511 Research Online is the open access institutional repository for the University of Wollongong. For further information contact Manager Repository Services: [email protected]. Balancing Shipping and the Protection of the Marine Environment of Straits Used for International Navigation: A Study of the Straits of Malacca and Singapore. A thesis submitted in fulfilment of the requirements for the award of the degree DOCTOR OF PHILOSOPHY from the UNIVERSITY OF WOLLONGONG By MOHD HAZMI BIN MOHD RUSLI LLB_HONS (IIUM, Malaysia) MCL (IIUM, Malaysia) DSLP (IIUM, Malaysia) Australian National Centre for Ocean Resources and Security 2012 CERTIFICATION I, Mohd Hazmi bin Mohd Rusli, declare this thesis, submitted in fulfillment of the requirements for the award of Doctor of Philosophy, in the Australian National Centre for Ocean Resources and Security, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. This document has not been submitted for qualifications at any other academic institution. Mohd Hazmi bin Mohd Rusli 14 February 2012 i ABSTRACT The importance of the Straits of Malacca and Singapore for the global shipping industry and world trade can’t be underestimated. In 2010, these routes were navigated by more than 74,000 vessels of various types. If the Straits were to be closed to navigation, global trade would be adversely affected, thus, injuring the world’s economy. Issues relating to the marine environment of these Straits have always been contentious. The littoral States may enforce marine environmental protection measures to protect the straits under the United Nations Convention on the Law of the Sea 1982 (LOSC), but their powers are limited by the application of internationally accepted regulations. The national laws of the littoral States governing safety of navigation and control of vessel-source pollution must correspond to the LOSC and other International Maritime Organization (IMO) conventions that the littoral States have ratified. This situation makes it difficult for them to effectively manage the marine environment of these shipping routes. Issues relating to vessel-source marine pollution are endemic in the Straits of Malacca and Singapore and with the projected increase of shipping traffic in future years, current protective measures may not be entirely sufficient to safeguard the marine environment of these waterways. This Thesis examines the potential environmental protective measures that the littoral States may, either collectively or individually, adopt in the future. Current and future alternative routes to the Straits of Malacca and Singapore for shipping traffic to use are also identified. The Straits of Malacca and Singapore are collectively a priceless maritime heritage and steps must be taken to ensure the marine environment of these waterways is protected from pollution and degradation. ii GLOSSARY 1958 TSC Geneva Convention on the Territorial Sea and the Contiguous Zone 1958 AD Anno Domini AFS International Convention on the Control of Harmful Anti-Fouling Systems on Ships AIS Automatic Identification System ALKI Alur Laut Kepulauan Indonesia AMSA Australian Maritime Safety Committee AMSA Arctic Marine Shipping Assessment APM Associated Protective Measure ASEAN Association of Southeast Asian Nations BAKOSURTANAL Badan Kordinasi Survei dan Pemetaan Nasional BBC British Broadcasting Corporation bpd Barrels per day BTA Border Trade Agreement BWM International Convention for the Control and Management of Ship’s Ballast Water and Sediments, 2004 CBTA Cross Border Trade Agreement CLC International Convention on Civil Liability for Oil Pollution Damage COLREG Convention on the International Regulations for Preventing Collisions At Sea CSR Corporate Social Responsibility DNV Det Norske Veritas DWT Dead Weight Tonne ECDIS Electronic Chart Display and Information System EEZ Exclusive Economic Zone EIS Eyes in the Sky ENC Electronic Navigational Charts EU European Union EC European Commission iii GDP Gross Domestic Product GEF Global Environment Facility ICJ International Court of Justice ICS International Chamber of Shipping IHO International Hydrographic Organization IMB International Maritime Bureau IMCO International Maritime Consultative Committee IMO International Maritime Organization IMS-GT Indonesia Malaysia Singapore- Growth Triangle ILC International Law Commission IMB International Maritime Bureau INTERTANKO International Association of Independent Tanker Owners ITOPF International Tanker Owners Pollution Federation Limited JTA Joint Technical Agreement JWC Joint War Committee LNG Liquefied Natural Gas LOSC Law of the Sea Convention 1982 MARISEC Maritime International Secretariat Services Limited NAP Northeast Arctic Passage NMC Nippon Maritime Centre NSR Northern Sea Route MARPOL 73 International Conference on Marine Pollution, 1973 MARPOL 73/78 International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 MALSINDO Trilateral Coordinated Patrols of the Malacca Strait MEH Marine Electronic Highway MENAS Middle East Navigation Aids Service MEPC Marine Environment Protection Committee MIMA Maritime Institute of Malaysia MMEA Malaysian Maritime Enforcement Agency MOH Marine Operations Headquarters iv MOU Memorandum of Understanding MPA Maritime and Port Authority of Singapore MSC Malacca Straits Council MSC Maritime Safety Committee of the IMO OCIMF Oil Companies International Marine Forum OILPOL Oil Pollution Convention of 1954 OPRC International Convention on Oil Pollution Preparedness, Response and Co-operation PAJ Petroleum Association of Japan PAME Protection of the Arctic Marine Environment PCC Project Co-ordination Committee of the Straits of Malacca and Singapore Cooperative Mechanism PERTAMINA Perusahaan Tambang Minyak Negara PETRONAS Petroliam Nasional Berhad PMP Plan Maintenance Programme PNG Papua New Guinea PSSA Particularly Sensitive Sea Area RAMSAR Ramsar Convention (The Convention on Wetlands of International Importance) RECAAP Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia RM Malaysian Ringgit Rp Indonesian Rupiah RSIS Rajaratnam School of International Studies RTisa Roundtable of International Shipping Association SOLAS International Convention for the Safety of Life at Sea 1974 SOMP Straits of Malacca Partners Sdn. Bhd. SSCP Sethusamudram Shipping Canal Project STCW International Convention on Standards of Training Certification and Watchkeeping for Seafarers, 1978 v STCW 1995 Amendments to the Annex to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 SUMED Suez-Mediterranean Pipeline SMTC Straits of Malacca Transit Corridor STRAITREP Straits of Malacca and Singapore Mandatory Ship Reporting System TEU Twenty-Foot Equivalent Unit TPP Transpeninsula Pipeline Project TSS Traffic Separation Scheme TTEG Tripartite Technical Experts Group on the Safety of Navigation in the Straits of Malacca and Singapore UAE United Arab Emirates UK United Kingdom UN United Nations UNCLOS I The First United Nations Conference on the Law of the Sea UNCLOS II The Second United Nations Conference on the Law of the Sea UNCLOS III The Third United Nations Conference on the Law of the Sea UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNWTO United Nations World Tourist Organisation VLCC Very Large Crude Carrier ULCC Ultra Large Crude Carrier US United States of America US$ American Dollar USSR Union of Soviet Socialist Republic VTS Vessel Traffic Services WWF World Wildlife Fund. vi ACKNOWLEDGEMENTS Alhamdulillah, praise to Allah S.W.T. the All-mighty. My thanks and appreciation go out to so many people, family, colleagues, new and old friends, who have touched my heart, held my hand and told me to hang on, who have made me laugh and see the brighter side of things, those who have assisted and encouraged me to embark upon this precious voyage for knowledge. My dearest family- the most important people in my life. To my beloved parents- Mohd Rusli Hj. Hussein and Haziyah binti Hashim. My sayang – Norashikin binti Amirruddin. My lovely aunt – Siti Halijah Hashim, and my beautiful siblings and cousins, Along, Ngangah, Alang, Ayul, Tina, Nurul, Een and the rest. Thank you for your patience, and support. I could not have lasted these three years - for the endless phone calls, Skype calls, YM Chat, Facebook messages, the prayers and the absolute understanding and encouragement. If not for all of you, I would not be at the place where I am today. My family (my parents especially) is my life, my hero, my strength. To Associate Professor Robin Warner and Professor Martin Tsamenyi, terima kasih untuk segalanya (thank you for everything). I could not have completed this