Enhancing Safety, Security, and Environmental Protection of the Straits of Malacca and Singapore: The Cooperative Mechanism

Abstract

Abstract In November 2004, the International Maritime Organization, as part of its Protection of Vital Shipping Lanes Initiative, decided to convene a high-level conference to address the security of ships plying the Straits of Malacca and Singapore in collaboration with the three littoral states of Indonesia, Malaysia, and Singapore. Three meetings were held over the period 2005 to 2007. The outcome was the creation of a framework for cooperation between the users of the straits and the littoral states known as the Cooperative Mechanism, a historic breakthrough as Article 43 of the Law of the Sea Convention was implemented for the first time. This article outlines the decisions made at the three meetings, analyzes the responses of the various stakeholders during the meetings, explains the reasons for the success of the Cooperative Mechanism, and concludes by proposing ways in which the momentum of cooperation between the users and the littoral states could be sustained. Keywords: burden sharingCooperative MechanismStraits of Malacca and Singapore Notes 1. The International Maritime Bureau (IMB) Piracy Reporting Centre in Kuala Lumpur reported that for the year 2004, there were 8 incidents of piracy and armed robbery in the Singapore Strait, 37 in the Malacca Strait, and 93 in Indonesia. In particular, the number of attacks in the Malacca Strait was the second highest since the IMB began compiling statistics in 1991. ICC International Maritime Bureau, “Piracy and Armed Robbery Against Ships,” Annual Report, 1 January□ 31 December 2004. 2. “IMO to Take Straits Initiative,” 93rd Session of IMO Council, 15–19 November 2004. 3. U.N. General Assembly, Resolution 59/24, 17 November 2004, para. 49. 4. 1833 U.N.T.S. 397. 5. David Boey, “More Countries Urged to Join ‘Eyes in Sky’ Patrols” The Straits Times, 14 September 2005. 6. “The Batam Joint Statement of the 4th Tripartite Ministerial Meeting of the Littoral States on the Straits of Malacca and Singapore,” Batam, Indonesia, 1–2 August 2005, IMO/SGP1/INF. 3, Annex 3. 7. Ibid. 8. The Tripartite Technical Experts Group (TTEG) on Safety of Navigation comprised technical experts and senior officials from the maritime authorities of Indonesia, Malaysia, and Singapore. The TTEG examines and implements guidelines relating to enhancing the safety of navigation, promoting close cooperation and coordination of antipollution policy and measures in the straits, and initiates consultation with the IMO on the Traffic Separation Scheme and with users of the straits. See Yee Cheok Hong, “The TTEG on Safety of Navigation: How It Has Evolved, What It Is, What It Has Achieved and What Are the Plans for the Future,” IMO/KUL 1/INF.29/1, 19 September 2006. 9. The Revolving Fund Committee (RFC) is comprised of technical experts and senior officials from the maritime authorities of Indonesia, Malaysia, and Singapore that manage a Revolving Fund which is used for cleanup operations in the event of an oil spill caused by a ship in the straits and for capacity-building activities. The Revolving Fund was set up in 1981 by a memorandum of understanding between the governments of Indonesia, Malaysia, and Singapore and the Malacca Strait Council (MSC), which acts on behalf of Japanese nongovernmental organizations. See H. Hariyogi, “The Revolving Fund Committee: How It Has Evolved, What It Is, What It Has Achieved and What Are the Plans for the Future,” IMO/KUL 1/INF.30, 19 September 2006. Also regarding the Malacca Strait Council, see infra notes 31–32. 10. See Koji Sekimizu, “The Marine Electronic Highway Demonstration Project,” IMO/JKT 1/INF.21, 8 September 2005. 11. Koji Sekimizu, “Recent Developments in Relation to the Implementation of the MEH Demonstration Project for the Straits,” IMO/SGP 1/INF.13, 4 September 2007. 12. The classification by the Joint War Committee could potentially lead insurers to raise premiums and underwriters to withdraw their insurance coverage for vessels plying the Malacca Strait as their decisions are generally followed internationally. Greg Torode and Raymond Ma, “Ship Firms to Fight Malacca Strait ‘War Risk’ Rating; Decision on Trade Artery ‘Shows Cost of Terrorism Starting to Bite,’” South China Morning Post, 31 July 2005. 13. Rear Admiral Sim Gim Guan, “Collaborative Initiatives to Enhance Maritime Security,” IMO/JKT 1/INF.12, 7 September 2005. 14. Rear Admiral Charles Wurster, “The Malacca Straits: A Partnership in Security,” IMO/JKT 1/INF.26, 8 September 2005. 15. Peter Hinchliffe, “Owning or Operating Ships Using or Transiting the Straits,” IMO/JKT 1/INF.17, 7 September 2005 and John Bainbridge, “Protection of Seafarers in the Straits,” IMO/JKT 1/INF.18, 7 September 2007. 16. Hiroshi Maruyama, “Japan's Perspective as a Major User State: Our Contributions and a Framework for International Cooperation,” IMO/JKT 1/INF.15, 7 September 2007; and Fumio Kaneko, “Activities and Views of the Malacca Strait Council: Seeing Equitable Cooperation,” IMO/JKT 1/INF.27, 8 September 2005. 17. “Kuala Lumpur Statement on Enhancement of Safety, Security and Environmental Protection in the Straits of Malacca and Singapore,” IMO/KUL 1/4, 20 September 2006. 18. LOS Convention, supra note 4, art. 43 seeks to foster cooperation between states bordering a strait used for international navigation and the user states of the strait in the establishment, maintenance, and improvement of navigational and safety aids as well as the prevention, reduction, and control of pollution. 19. “The Establishment of a Cooperative Mechanism Between the Littoral States and User States on Safety of Navigation and Environmental Protection in the Straits of Malacca and Singapore,” IMO/KUL 1/2.6/1, 17 September 2006. 20. “Identification and Prioritization of Needs for Projects on Safety of Navigation and Environmental Protection,” IMO/KUL 1/3, 16 September 2006. 21. Rosnan Fathlal, “Updated Project 1: Removal of Wrecks in the Traffic Separation Scheme in the Straits of Malacca and Singapore,” IMO/SGP 1/INF.15, 4 September 2007. 22. Rosnan Fathlal, “An Update on Project 2: Cooperation and Capacity Building on Hazardous and Noxious Substances Preparedness and Response in the Straits of Malacca and Singapore,” IMO/SGP 1/INF.16, 4 September 2007. 23. 1184 U.N.T.S. 2. 24. Captain Daniel Yen Teck Foo, “Updated Project 3: Demonstration Project of Class B Automatic Identification System Transponder on Small Ships,” IMO/SGP1/INF.17, 4 September 2007. 25. Captain Daniel Yen Teck Foo, “Updated Project 4: Setting Up Tide, Current and Wind Measurement Systems for the Straits of Malacca and Singapore to Enhance Navigational Safety and Marine Environment Protection,” IMO/SGP1/INF.18, 4 September 2007. 26. Yuri Gunadi, “Updated Project 5: Replacement and Maintenance of Aids to Navigation in the Straits of Malacca and Singapore,” IMO/SGP1/INF.19, 4 September 2007. 27. Yuri Gunadi, “Progress Report on the Implementation of Project 6: Replacement of Aids to Navigation Damaged by the Tsunami Disaster of December 2004,” IMO/SGP1/INF.20, 4 September 2007. 28. “Agreements and Programmes on Cooperation Between the People's Republic of China and the Littoral States on Maintaining the Security of the Malacca Strait,” IMO/KUL 1/3/1, 18 September 2006. 29. Ibid. 30. “Chairman's Report of the Meeting of User States to Identify Possible Assistance to Respond to the Needs of the Malacca Straits Littoral States,” Headquarters, Pacific Area Command, United States Coast Guard, Coast Guard Island, Alameda, California, 15–17 February 2006. 31. Shigetaro Yamamoto, “Views of User States: Presentation by Japan,” IMO/KUL 1/INF.17, 18 September 2006. 32. Malacca Strait Council, “Towards Enhancing the Navigational Safety and Preserving the Marine Environment in the Straits” (2005). 33. Kenji Nagamatsu, “Past and Present Vessel Traffic in the Straits of Malacca and Singapore—Trends in the Decade 1994–2004,” IMO/KUL 1/INF.23, 19 September 2006. 34. “North Korea Could Be Made Risk Area by Joint War Committee,” Lloyd's List, 24 October 2006. 35. The Symposium on the Enhancement of Safety of Navigation and the Environmental Protection of the Straits of Malacca and Singapore was held in Kuala Lumpur, 13–14 March 2007, and was organized by the Nippon Foundation; the Maritime Institute of Malaysia (MIMA); the Centre for Southeast Asian Studies (CSEAS), Jakarta; and the S. Rajaratnam School of International Studies (RSIS), Singapore. 36. See Robert Beckman, “The Role of Shipping Companies in Cooperative Mechanisms to Enhance Navigational Safety in the Straits of Malacca and Singapore,” presentation at the Symposium on the Enhancement of Safety of Navigation and the Environmental Protection of the Straits of Malacca and Singapore, Kuala Lumpur, 13–14 March 2007. 37. Yohei Sasakawa, “Towards a New World Community: Cooperative Framework for the Future of the Malacca, Singapore Straits,” RSIS Commentary 17/2007, 21 March 2007. 38. “Singapore Statement on Enhancement of Safety, Security and Environmental Protection in the Straits of Malacca and Singapore,” IMO/SGP 1/4, 6 September 2007. 39. “The Cooperative Mechanism Between the Littoral States and User States on Safety of Navigation and Environmental Protection in the Straits of Malacca and Singapore,” IMO/SGP 2.1/1/Rev.1, 4 September 2007. 40. “Identification and Prioritisation of Needs for Projects on Safety of Navigation and Environmental Protection,” IMO/SGP 1/3, 4 September 2007. 41. Vice-Admiral Charles Wurster, “The Cooperative Mechanism: Remarks by the United States,” IMO/SGP 1/INF.12/1, 4 September 2007. 42. 1678 U.N.T.S. 221. 43. Yasuhiro Okanishi, “Enhancing the Safety of Navigation and Environmental Protection: Emerging Trends in Vessel Traffic Through the Straits,” IMO/SGP 1/INF.21, 5 September 2005. 44. Gary Andrew Prosser, “Views of User States: An Australian Perspective on Compliance to the OPRC HNS Protocol and Application of AIS Class B to Strategic Waterways,” IMOSGP 1/INF.26, 5 September 2007. 45. Robert Kühner, “Views of User States: Presentation by Germany,” IMO/SGP 1/INF.28, 5 September 2007. 46. Kosuke Shibata, “Views of User States: Presentation by Japan,” IMO/SGP 1/INF.30, 5 September 2007. 47. Masazumi Nagamitsu, “Views of the Industry: Statement by the Nippon Foundation,” IMO/SGP 1/INF.33, 5 September 2007. 48. Presentation by delegate from Korea at Session 5 on Views of User States, Singapore Meeting on the Straits of Malacca and Singapore: Enhancing Safety, Security and Environmental Protection, 4–6 September 2007. 49. Inspector General Achutan Rajasekhar, “Views of User States: Presentation by India,” IMO/SGP 1/INF.29, 5 September 2007. 50. Presentation by delegate from the United Kingdom at Session 5 on Views of User States, Singapore Meeting on the Straits of Malacca and Singapore: Enhancing Safety, Security and Environmental Protection, 4–6 September 2007. 51. Presentation by delegate from Panama at Session 5, ibid. 52. Presentation by delegate from ICS at Session 6, ibid. 53. Presentation by delegate from INTERTANKO at Session 6, ibid. 54. Presentation by delegate from ITOPF at Session 6, ibid. 55. “Greece Announces US$1 million Donation to Straits’ Fund,” IMO Briefing 42, 20 November 2007. 56. Tommy Koh, “New Milestone in Better Straits Cooperation: Article 43 of UNCLOS Helps Keep Malacca, Singapore Straits Safe, Secure and Clean,” Business Times, 28 September 2007. 57. The IMO sponsored two conferences in conjunction with the Institute of Policy Studies, Singapore, in 1996 and 1999 to discuss issues relating to the implementation of Article 43 in the Malacca and Singapore Straits. The papers presented at both conferences and the rapporteur's reports summarizing the points made in the papers and the discussions were published in the Singapore Journal of International and Comparative Law 2 (1998); and in a Special Feature volume of the Singapore Journal of International and Comparative Law 3 (1999), “Implementing Article 43 of UNCLOS in the Straits of Malacca and Singapore.” 58. 405 U.N.T.S. 97. 59. Supra note 42. 60. International Convention for the Prevention of Pollution from Ships (MARPOL) and Protocol of Amendment of 1978, 1340 U.N.T.S. 61. 61. 30 I.L.M. 733. 62. 35 I.L.M. 1415. 63. See at www.recaap.org. 64. Anthony Chin, “The Economic Impact of the Present and Projected Vessel Traffic in the Straits of Malacca and Singapore,” IMO/KUL 1/INF.25, 19 September 2006. 65. Ibid. 66. Joseph E. Stiglitz, Making Globalization Work (New York: W. W. Norton, 2006).