Mima Bulletin Volume 29 2021

Special focus: ANTI-MONEY LAUNDERING LAW AS AN ADDED MEASURE TO COMBAT ILLEGAL, UNREPORTED AND UNREGULATED FISHING IN MALAYSIA Description: Combating illegal, unreported and unregulated (IUU) fishing is a huge challenge since fish is traded with high financial returns which attracts irresponsible individuals, criminals and large consortiums to invest considerable amount of money with minimum risk of being indicted for fisheries crimes. Content: - Editorial - From the Bridge - Special Focus: Anti-Money Laundering Law as an Added Measure to Combat Illegal, Unreported and Unregulated Fishing in Malaysia (Ganesan Vethiah & Mohd Yazid Zul Kepli) - Bay of Bengal to Taiwan Strait: Maritime “Global Hotspot” (Vivian Louis Forbes) - The Impact of Alternate Sea Lanes on The Strait of Malacca (Alif Hidayat) - Malaysia Halal Port’s: Opportunities and Challenges (Mazlinawati Abdul Majid) - Datuk Dr. Sabirin Ja’afar: After a Year as Director- General (Huda Mahmoud) - Calendar of Events - MIMA Events

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

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.

Strategies on the Implementation of the Collection and Reporting of Fuel Oil Consumption Data Based an MARPOL Annex VI: A Malaysian Case Study Abstract Collection and reporting of ship fuel oil consumption data for ships of 5,000 gross tonnage (GT) and above have been made mandatory from calendar year 2019 onwards on an annual basis by the International Maritime Organization (IMO), which is one of the global standards under the Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL). However, according to the IMO, not all potential 135 Administrations have submitted their data. Since Malaysia is amongst the active Administrations who have submitted the data, it is used as the case study to gauge the implementation of the collection and reporting of this fuel oil consumption data from ships. Thus, based on Malaysia's current implementation and challenges faced throughout the implementation, this study aims to propose strategies in ensuring that the implementation of the collection and reporting of ship fuel oil consumption data by other Administrations is in conjunction with the IMO convention. The implementation was made under the Merchant Shipping Ordinance 1952 (MSO52) through the issuance of Malaysia Shipping Notice (MSN). Recognised Organisations (ROs) were appointed and authorised on behalf of the government of Malaysia to collect, verify, and report the required data to the IMO. The findings of this study suggest that the MARPOL Annex VI should be incorporated into the National Laws, ROs should be appointed for collection and reporting of ship fuel oil consumption data, and clear methodology should be established on collection and reporting of ship fuel oil consumption data. Hence, there is an urgent need for Malaysia to strengthen its implementation and enforcement on the provisions of MARPOL Annex VI. There is also a necessity to monitor the performance of Malaysia’s shipping carbon emission and its contribution in reducing the total annual greenhouse gas (GHG) emissions set by the IMO by 2050. Keywords: Strategy, MARPOL Annex VI, fuel oil consumption data, collection and reporting, International Maritime Organization, Merchant Shipping Ordinance 1952, Malaysia, case study

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: Effects of the Anglo-Dutch Treaty of 1824 on Maritime Trade Around the Straits of Malacca and Nearby Region Description: This article is written with an aim to review and study the British strategies used during the colonisation of Malaya, which led to successful signing of several treaties that greatly benefitted the British East India Company (EIC). The Anglo-Dutch Treaty of 1824 was among the treaties that had a huge impact not only on the British, but also the people of Malaysia and Singapore, where the benefits are still enjoyed to this day. In two years (2024), it will be the 200th anniversary of the treaty signed between the Dutch and British. After nearly two centuries, the British colonisation strategies in Singapore through the Anglo-Dutch Treaty of 1824 were found to have truly helped the development of the country, the Straits of Malacca, as well as the surrounding regions. Although there were a myriad of studies and writings that claimed that the British colonisation was intended for the expansion of ideological policies, as well as ensuring the economic interests of the British only, in reality, the countries involved were able to reap the benefits as an effect of the colonisation. Content: - Editorial - From the Bridge - Special Focus: Effects of the Anglo-Dutch Treaty of 1824 on Maritime Trade Around the Straits of Malacca and Nearby Region (Sabirin Ja'afar) - Banning of Trawl Nets in Zone B: Status and Way Forward (Nurfatin Wahida Puspa, Nurul Ashikin Zakaria & Puteri Arlis Tsharina Jazlan ‘Arif) - ICPC’s Best Practices: A Brief Look into Submarine Cable Protection Law in Malaysia (Wahab Jumrah) - Way Forward for Malaysia Shipping Carbon Reporting: Fuel Oil Consumption Data Collection and Reporting for Ship of Less Than 5,000 Gross Tonnage (Egbert Adolf Naintin & Mohd Tarmizi Osman) - Special Interview: Dato’ Cheah Kong Wai: Longest Serving MIMA DG Scores Many Firsts During His Stay (Badrolhisham Bidin)

Special focus: Navigating Climate Change: A Brief Summary on Innovative Ocean Solutions Abstract: The ocean plays a crucial role in sustaining life on Earth by harbouring a significant portion of biodiversity, regulating the climate, contributing to the economy, and ensuring global food security. Nevertheless, the anticipated rise in worldwide temperatures, in addition to the acidification of the oceans and the elevation of sea levels, presents significant dangers to vital marine ecosystems and the benefits they provide. In spite of the commitments to reduce greenhouse gas (GHG) emissions, as outlined in the Paris Agreement, they are inadequate in restraining the global temperature increase to within +2°C by the year 2100. Hence, there is an immediate requirement for more ambitious measures to reduce GHG emissions. Ocean-based interventions show promise in mitigating the effects of climate change—such as ocean warming, acidification, and sea-level rise—on marine ecosystems. However, there is a lack of guidance in prioritising these interventions, and limited research, development, and deployment have been conducted in this field. This concise article offers an evaluation of ocean-based measures or schemes aimed at lessening climate-related drivers and negative impacts on selected marine ecosystems and their services. The assessment gauges the potential of each measure based on eight factors that encapsulates the environmental, technological, social, and economic criteria. These factors encompass effectiveness, technological readiness, lead time, duration of benefits, co-benefits, disbenefits, cost-effectiveness, and governance implications. The study highlights the significance of con-sidering the ethical, equitable, and governance implications of ocean-based interventions and the associated risks to oceanic life and human populations. Overall, this research illuminates the potential of ocean-based interventions in addressing the consequences of climate change on marine ecosystems and ecosystem services. It emphasises the need for further research, development, and deployment in this realm and underscores the importance of considering the broader implications and risks associated with these interventions. Content: - Editorial - From the Bridge - Special Focus: Navigating Climate Change: A Brief Summary on Innovative Ocean Solutions (Noorashikin Md Noor) - Demand for Halal Containers at Ports Buoyed by Increased Muslim Population (Mazlinawati Abdul Majid, Muhammad Khalid Ahmad Kamal, and Syuhaida Ismail) - Green Initiatives Towards GreenVoyage 2050: Have We Done Enough? (Nur Zulaikha Yusof) - New Era for ocean Governance: Understanding the High Seas Treaty (Wahab Jumrah) - Book on Malaysian Shipping and Logistics (Thatchaayanie Renganathan)

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!