The Application of Transit Passage Regime in Straits Used for International Navigation: A Study of theStraits ofMalacca andSingapore
In: Asian politics & policy: APP, Band 4, Heft 4, S. 549-569
ISSN: 1943-0787
TheUnitedNationsConvention on theLaw of theSea 1982 (LOSC) prescribes the application of the transit passage regime for vessels navigating via straits that connect one part of the high seas/exclusive economic zone (EEZ) to another part of the high seas/EEZ. TheStraits ofMalacca andSingapore fulfill this criterion if they are considered as one strait. Nevertheless, if both straits are considered as separate, then the situation would be different. This article discusses the types of navigational regimes in straits as prescribed by theLOSCand ventures into the potential legal and political implications that may arise should transit passage regime cease to apply in critical straits like theStraits ofMalacca andSingapore. Indeed, theStraits ofMalacca andSingapore are important sea lines of communication, and any interference with shipping would obviously disrupt the well‐being of the global economy, particularly that of theAsia‐Pacific region.