The Application of Compulsory Pilotage in Straits Used for International Navigation: A Study of the Straits of Malacca and Singapore

Abstract

Part III of the United Nations Convention on the Law of the Sea 1982 prescribes that vessels and aircraft of all flags may exercise the right of transit passage while navigating through straits used for international navigation. This created a difficult situation for states bordering straits, particularly in protecting the marine environment of their territorial straits from vessel‐source pollution. The Torres Strait was designated as a Particularly Sensitive Sea Area (PSSA) in 2005 and Australia introduced a compulsory pilotage regime as its Associated Protective Measures (APM), which has been effective in minimizing the risk of casualties in the Torres Strait. The increasing shipping traffic in the Straits of Malacca and Singapore may bring about adverse effects to the marine environment of these waterways. Hence, this article discusses the question of the viability and practicability of application of compulsory pilotage, should it be extended to the Straits of Malacca and Singapore.