Mima Bulletin Volume 26 1 2019

In this issue of MIMA Bulletin, mangrove management and conservation efforts are detailed in a special feature of the Kilim Karts Geoforest Park. In addition, Norsyihan Jamal makes a case for technology in the fisheries industry, highlighting the many ways it has moved into the Industrial Revolution 4.0 and how itcan be further improved. Cheryl Rita Kaur in collaboration with Dr Vu Hai Dang, on the other hand, compared the ocean policy development process between Viet Nam and Malaysia. Last and certainly not least, Captain Sukjoon Yoon of the Republic of Korea Navy(Ret.) discusses the issues and ressolution for maritime disputes in Northeast Asia.The range of topics included in this issue is wide and varied. MIMA hopes that this edition of the Bulletin continues to be informative and useful to our readers.

This edition features articles focusing on diverse subject matters from a geopolitical, environmental and economic point of view. Sumathy Permal discusses the geopoliticl and economic complexities of the Belt and Road Initiative ; a mega-project with a reputation for both risks and opportunities. Meanwhile, Farzana Reza dives into the topic of innocent pasage as prescribed by UNCLOS, focusing on issues in the Straits of Harmuz. Cheryl Rita had collaborated with Prof Wan Izatul Asma Wan Talaat from the Institute of Oceanography and Environment to look into the legal and management role of Marine Spatial Planning in ocean governance. Last and certainly not least, Cdr Ang Chin Hup (R) weighs in on the importance of economic growth and environmental sustainability in the domain of the Indian Ocean Rim. These topics tackle complex questions from three different regions, which MIMA hopes would be insightful to readers.

This book examines the large but neglected topic of the development of maritime power from both an historical and a contemporary point of view. Navies have never been more important than they are now, in a century becoming, as widely expected, increasingly and profoundly maritime. The growing competition between China and Russia with the United States and its allies and partners around the world is essentially sea-based. The sea is also central to the world's globalised trading system and to its environmental health. Most current crises are either sea-based or have a critical maritime element to them. What happens at sea will help shape our future. Against that background, this book uses both history and contemporary events to analyse how maritime power and naval strength has been, and is being, developed. In a reader-friendly way, it seeks to show what has worked and what has not, and to uncover the recurring patterns in maritime and naval development which explain past, present and future success - and failure. It reflects on the historical experience of all navies, but in particular it poses the question of whether China is following the same pattern of naval development illustrated by Britain at the start of the 18th century, which led to two centuries of naval dominance. This book will be of much interest to students of maritime power, naval studies, and strategic studies, as well as to naval professionals around the world.

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.

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

MIMA strives to provide the best reads on a multitude of maritime subjects, and this issue proves our range. We hope you enjoy reading them!

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.