Compulsory Pilotage in the Torres Strait: Overcoming Unacceptable Risks to a Sensitive Marine Environment

Abstract

This article explores arguments about the international legality of compulsory pilotage in the Torres Strait. Although the measure has been opposed by some user states because the Torres Strait is a strait used for international navigation, Australia and Papua New Guinea believe compulsory pilotage is necessary to overcome the risks posed by unpiloted shipping passing through the hazardous waters. The good health of the marine environment in the Torres Strait is essential, particularly for the well-being of indigenous peoples of the area. The article concludes that compulsory pilotage in Torres Strait reflects the obligations of both the user and border states to preserve and protect the marine environment and has support in international law.