Mima Bulletin Volume 20 1 2013

This issue of the Bulletin has a number of articles covering various aspects of the maritime domain. They look at Malaysia's perspective on managing transboundary oil pollution damage from offshore exploration and exploitation activities, a report on the Sulu Sulawesi large marine ecoregion fisheries management project, issues relating to the creation of a network of marine protected areas, the Thai canal project as an possible alternative to the Straits of Malacca and other Southeast Asian maritime conduits, coastal blue carbon in relation to mangrove and seagrass conservation in Malaysia, and data issues in Malaysia's maritime industry.

The delimitation of boundaries between states can be difficult when the issue of sovereignty and the entitlement to claim sea areas are concerned. The understanding and interpretation of the rule of law will always differ for the different nations involved as they seek to secure the maximum benefits for themselves by means they deem appropriate to their needs. Arguments put forward by each party and how these boundaries are drawn are always points for contention; however with rule-based procedures, the process is made more transparent and somewhat helps mitigate tensions. We hope the article on this will throw some light on the various issues involved.

In an increasingly complex and interlinked world, Malaysia’s dependence on the seas will continue to be shaped by a multitude of new, constantly evolving and multifaceted issues and challenges. Claims and counterclaims of maritime features and territories, the jostling for influence and space among naval powers, depletion of marine resources, pollution of the oceans and marine environment, climate change, sea level rise, impact of global economic vagaries on the maritime industry will continue to dominate Malaysia’s maritime agenda. These issues demand nuanced responses to ensure our manifold maritime interests are not compromised and the regional seas remain open for our use and for the benefit of the international community. Confronting and addressing them require proactive, creative and well thought-out policies and positions to safeguard national economic, sovereign and strategic interests, and to ensure our seas remain clean, safe, secure and bountiful for current and future use.

This issue of Bulletin has a number of articles that cover fairly broad range in the maritime sector. They cover issues such as means to define maritime jurisdiction, maritime insurance, ports and shipping, the maritime environment in the EEZs, Blue Carbon issues, and a report on a talk on the South China Sea.

Improving the Maritime Cybersecurity in Malaysia With the advancement of technology, the maritime industry has become increasingly digitalised and relies on an Internet connection for information technology (IT) and operational techno-logy (OT) systems. The IT and OT systems are also converging due to the emergence of the Industrial Internet of Things (IIoT). As a result, cybersecurity threats within the maritime sector have been on the rise.

This issue of the Bulletin has a number of articles and reports that cover a fairly broad range of the maritime sector. It includes the rticles on Adopting a Guide Framework on Marine Spatial Planning in the Straits of Malacca: A Broad-based Approach, Ocean Thermal Energy - Driven Development in Malaysia: A Proposed Legal Framework and Reports on Capacity Building for Energy Efficient Operations of Ships, The 2017 Taiwan South China Sea Conference, and MIMA as a Centre of Excellence (COE).

Special focus: Passage of Foreign Fishing Vessels and Enforcement Regimes of Coastal States with Reference to Malaysian Practice Description: The creation and widespread adoption of 200 nautical miles (nmi) of exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) represents a dramatic geographic and functional expansion of coastal states’ (refer to all the international conventions) jurisdiction – probably the largest transfer of resources to national jurisdiction in history. These zones cover about 36 per cent (%) of the surface of the seas, 90% of fisheries, and 43% of the value of the world’s “ecosystem services”. Thus, to undertake conservation measures and sustainable exploitation of fisheries and other living resources, which provide livelihoods for more than 59.5 million people and a main source of animal protein for 40% of the eight billion global population, the coastal states are empowered to undertake enforcement measures as provided by Article 73 and, to a certain extent, Article 111 in harmony with Article 300 of UNCLOS. Bearing in mind that an enhanced monitoring, control, and surveillance (MCS) on the marine fishing operation is an important tool in fisheries law and enforcement, this paper specifically discusses contentious issues of whether foreign fishing vessels (FFVs) and foreign vessels involved in fisheries-related activities (FVFRAs) enjoy the absolute right of innocent passage and freedom of navigation or limited navigational rights in all maritime zones —including the continental shelf of coastal states as provided by various articles in the UNCLOS — or they are bound to comply to the respective coastal states’ domestic laws, that is, through notification or authorisation as a mandatory requirement from relevant coastal states’ authorities, prior to entering and exiting any of their maritime zones. In addition to that, this paper also focuses on the effectiveness of enforcement measures under Section 16 of the Malaysian Fisheries Act 1985 (as amended) by relevant Malaysian maritime enforcement agencies against FFV for the failure to notify, and similar application of domestic laws and practices by other coastal states and issues related to “creeping jurisdiction” in relation to fisheries-extended jurisdiction under the notion of “territorial temptation” of coastal states. Content: - Editorial - From the Bridge - Special Focus: Passage of Foreign Fishing Vessels and Enforcement Regimes of Coastal States with Reference to Malaysian Practice (Ganesan Vethiah, Mohd Yazid Zul Kepli, Muhammad Zulhilmi Mohd Nizam & Nur Fadhlina Chan Mahadie Chan) - Unlock the Malaysian Ocean Economy with Trade Facilitation Laws (Huda Mahmoud) - Strengthening International Legal Regime Governing Submarine Cables (Jeslyn Tan) - Time Overdue for Maritime Law Reform (Matthew Van Huizen) - Special Interview with Tan Sri Dato’ Seri Dr. Sulaiman Mahbob

This issue of the MIMA Bulletin is part of the abovementioned process of information dissemination and has a number of articles covering various aspects of the maritime domain. These include sustainability issues, social security for seafarers, the Belt and Road Initiative and the challenges it poses, as well as reports from workshops protecting the Straits of Malacca.