Law Commons^™

Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi

Faculty of Law, Humanities and the Arts - Papers (Archive)

The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …

A Priceless Maritime Heritage, Mohd Hazmi Bin Mohd Rusli, Rahmat Mohamad

Faculty of Law, Humanities and the Arts - Papers (Archive)

THE Straits of Malacca and Singapore Strait have been vital shipping routes for international trade for hundreds of years. The region around the Straits of Malacca and Singapore Strait is steeped in a long and continuous history of trade, shipping, colonisation and the race towards attaining political and economic supremacy, both before and during the age of European dominion.

The Straits of Malacca was initially known as the “Sea of Malayu”. The first reference to the “Sea of Malayu” was from an Arabic document dating back to the 9th century AD, noting the Malay influence in the region. Both the …

Dispute Settlement In The Law Of The Sea Convention And Territorial And Maritime Disputes In Southeast Asia: Issues, Opportunities, And Challenges, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The 1982 United Nations Convention on the Law of the Sea (LOSC) provides for a dispute settlement regime that establishes a compulsory and binding framework for the peaceful settlement of all ocean-related disputes. In Southeast Asia, despite the long-standing myriad of territorial and maritime disputes, there appears to be a general reluctance to utilize the dispute settlement provisions of LOSC. The region has very little experience in international litigation involving territorial and maritime disputes, and a reluctance to utilize the dispute settlement provisions of LOSC.While the LOSC legal framework offers some options, the highly complicated nature of the disputes in …

Southeast Asia's Maritime Piracy: Challenges, Legal Instruments And A Way Forward, Ahmad Amri

Faculty of Law, Humanities and the Arts - Papers (Archive)

Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention over the past few years. Reports published by the International Maritime Organization as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancient times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime of piracy. There …

Book Review: Limits Of Maritime Jurisdiction By Schofield, Lee And Kwon (Eds.), Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

There has been no shortage of books written on vital aspects of oceans law and policy. But there are few with the breadth and diversity of coverage, written by the most prominent law of the sea scholars and practitioners assembled in a single volume, such as in The Limits of Maritime Jurisdiction. The appeal of this book is undeniable: it is authoritative and scholarly yet accessible and refreshingly practical both to the seasoned scholar and the practitioner, dealing with important contemporary law of the sea issues from an enduring, intellectually robust and critical perspective.

Maritime Outlaws, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

For thirty-odd years, American historian Marcus Rediker (University of Pittsburgh) has been writing about the sea, deep-sea sailing ships, seafaring proletariats, and seafaring rebels, during the seventeenth through to the early nineteenth centuries. Internationally, his landmark study of sailors, mutineers, and pirates, Between the Devil and the Deep Blue Sea (1987), is widely acknowledged as a major ‘history from below’, that genre of historical writing dealing with people traditionally written out of ruling class histories which glorify and enshrine the wealthy, the propertied, and the interests of the state.

Erecting Malaysia's Maritime Fence Over The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli, Abdul Ghafur Hamid Khin Maung Sein, Wan Izatul Asma Binti Wan Talaat, Maizatun Binti Mustafa

Faculty of Law, Humanities and the Arts - Papers (Archive)

Malaysia shares the Straits of Malacca and Singapore with Indonesia, Singapore and briefly, with Thailand. Before colonial times, there were no proper maritime boundary delimitation within the Straits of Malacca and Singapore. The Anglo-Dutch Treaty of 1824 has divided the Straits of Malacca and Singapore into two spheres of dominions, which later on became the basis of modern territories of Malaysia, Indonesia and Singapore. Since independence in 1957, Malaysia has been working closely with Thailand, Indonesia and Singapore to properly demarcate maritime boundary lines in the Straits of Malacca and Singapore. Nevertheless, there are still unresolved issues between these littoral …