A legal analysis of piracy and armed robbery at sea in the straits of Malacca : the Malaysian perspective

• Main Author: Abd Rahman Shah, Hendun
• Published: University of Birmingham 2013
• Subjects: 340; K Law (General)
• Online Access: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.575639

As the Straits is one of the busiest straits in the world and of great significance for global seaborne trade, piracy and armed robbery in the Straits have a devastating impact on the world economy. While customary international law, the 1982 United Nations Convention on the Law of the Sea (1982 Convention) and other international and regional instruments have established principles and guidelines governing piracy, they are argued to be inadequate and insufficient to deal with contemporary piracy. Since the legal status of the Straits, determined in the early chapter, is that of ‘straits used for international navigation’, which comes under part III of the 1982 Convention, it is the primary responsibility of Malaysia, Indonesia and Singapore (the littoral States) to ensure the continuous safety and security of ships transiting the Straits. In view of the fact that the issue of piracy in the Straits gained global attention, the efforts to suppress piracy are discussed at each level, namely international, regional and national levels. A general discussion on the historical development of the International Law of the Sea and the definitional and jurisdictional issues of piracy is also undertaken. Then, the thesis examines regional responses to the problem of piracy. Since an individual state is an important nucleus in international law, the Malaysian policy and legal framework are highlighted at the end of the thesis to determine the extent of the efforts undertaken by Malaysia especially the MMEA, and to examine whether the existing Malaysian law is adequate to suppress and prosecute piracy and armed robbery against ships. The thesis ends with a conclusion and recommendations for overcoming the problems.