1 This paper was commissioned by the Ship and Ocean Foundation, Tokyo, Japan.
2 Lewis M. Alexander, Navigational restrictions within the new LOS context: geographical implications for the United States. Offshore Consultant, Inc., 1986, p.396.
3 International Petroleum Encyclopedia, 1993.
4 Fairplay International, 1993
5 K. Dow, An overview of pollution issues in the Straits of Malacca. Paper presented at the National Conference on the Straits of Malacca, 11 November 1993, Malaysian Institute of Maritime Affairs, Kuala Lumpur.
6 B.A. Hamzah and M.N. Basiron, 1996. Providing for safer and cleaner seas in the Malacca Strait. Tropical Coasts, vol. 2, pp. 7-11. Another source puts the percentage of supertankers at 33% and petroleum and petroleum product carriers at more than 50%. J.H. Noer and D. Gregory, Chokepoints: Maritime Economic Concerns in Southeast Asia, Institute for National Strategic Studies," National Defense University, Washington, D.C., 99 p.
7 Noer and Gregory, ibid.
8 Another source records 476 casualties averaging 30 per year(Lloyd's Maritime Information Services, 1994 as cited in Hamzah and Basiron, supra n.6).
9 Singapore oil spill threatens Malaysia. Reuters, 22 October 1997.
10 AFP, 6 November 1997.
11 AFP, 20 October 1997.
13 Noer and Gregory, supra n. 6, pp. 75-78.
14 Michael Vatikiotis and Susumu Awanohara. Political clean-up. Far Eastern Economic Review, 5 March 1992, p.10.
15 Ibid.
16 Deal on South China Sea not to be signed. The Bangkok Post, 22 November 2000.
18 Lee Lai To, "The South China Sea China and Multilateral Dialogues."Security Dialogue Vol.30, No.2, pp.165-178.
19 C. Avendano, "China tells RP: don't attend Jakarta workshop." 28 February, 2000.
20 Mark J. Valencia. Building confidence and security in the South China Sea: The Way Forward, draft manuscript, 2000.
21 Estrada sees protracted row in Spratlys. Philippine Star, 25 November, 1999. Philippine official denies encounter with Malaysian jets in Spratlys. The Philippine Star, BBC Monitoring Asia Pacific-Political, London, 1 November, 1999. Malaysian defence minister denies stand-off with Philippines over Spratlys. BBC Monitoring, Asia Pacific-Political, London, 1 November, 1999. John McClean, Philippine protests at Vietnam Spratly 'attack,' BBC News, 28 October, 1999.
22 Conflict fear at shoal. South China Morning Post, Hong Kong, 9 January, 2000.
23 Intelligence. Far Eastern Economic Review, 14 October, 1999, p.17.
24 Jen Velarmino, RP-US naval war games start. Philippine Star, 15 June, 2000.
25 Japan urged to keep paying for U.S. troops. Honolulu Advertiser, 16 March, 2000, p.A3. Michael Richardson, Cohen urges Hanoi to help settle China Sea dispute. International Herald Tribune, 15 March, 2000.
26 Michael Richardson, U.S. moves to reduce its profile in the Pacific. International Herald Tribune, 10 March, 2000, pp.1 and 4.
27 Barry Wain, Bully in the South China Sea. Asian Wall Street Journal, 17 March, 2000.
29 STRATFOR. COM, Global Intelligence Update, 26 April, 2000.
30 John Pomfret. China sees U.S. as obstacle to its goals. Washington Post, 19 November 2000.
31 Bates Gill, China's newest warships. Far Eastern Economic Review, 27 January, 2000, p.30.
32 Susan Lawrence, Doctrine of deterrence. Far Eastern Economic Review, 14 October, 1999 pp.26-27.
33 China refuels, mid-flight. Far Eastern Economic Review, Intelligence, 11 May, 2000.
34 News briefing by Chinese Ministry of Foreign Affairs, Beijing Review, 8-14 May 1995, p.22; Henry Kenny, An Analysis of Possible Threats to Shipping in Key South-east Asian Sea Lanes(Alexandria, VA: Center for Naval Analysis, February 1996).
35 Kenny, Possible Threats, p.23.
36 Noer and Gregory, supra n.6, pp.81-82.
37 The Straits Times, 19 November 1997.
38 D. Finn, The marine environment and maritime security in Southeast Asia: controlling oil tanker traffic in the Strait of Malacca, XXXIV Naval War Col. Rev.49, 1981.
39 Yamin, Nakkan Persiapan Undang-Undang Dasar 1945, Jakarta, 1959.
40 M. Leifer and D. Nelson, Conflict of interest in the Strait of Malacca. International Affairs Vol. 49 1973, p.193.
41 Zakaria Yatim, Problems of pollution in Malaysia. Malayan Law Journal, Vol. 2, 1978; Zakaria Yatim, Straits of Malacca and Singapore in International Law. University of Kent, Ph.D. dissertation, 1979.
42 "The Straits are fast becoming one of the world's dirtiest maritime backlanes," remarked a Malaysian delegate to the Conference(United Nations, 1973, 1974).
43 Eduardo Lachica, Southeast Asian sea lanes vital to U.S., The Asian Wall Street Jounal, 19 March 1997, p.6.
44 Mark J. Valencia, Beijing is setting the stage for trouble in the South China Sea, International Herald Tribune, 3 July 2000.
45 Mark J. Valencia. ZOPFAN and navigation rights: stormy seas ahead? Far Eastern Economic Review, p.38-40.
46 Intelligence. Far Eastern Economic Review, 21 August 1997, p.12.
47 AFP Hong Kong, 13 May, 1994.
48 Limits in the Sea No. 117, 9 July, 1996. Office of the Geographer, U.S. Department of State. See also note of the Indonesian Foreign Ministry of 16 July, 1996.
49 Larry M. Wortzel, ed. The Chinese Armed Forces in the 21st Century. Strategic Studies Institute, Carlile, Penn.
50 Roger Morgan et al., eds., New Diplomacy in the Post-Cold War World, MacMillan Press, United Kingdom, 1993.
51 The United States has not ratified the 1982 UNCLOS and some argue that it therefore cannot enjoy the transit and archipelagic passage regimes provided therein. Also, in the 1980s the United States cut off oil and other supplies to Nicaragua by mining harbors but was ruled against by the World Court. The United States chose to ignore the ruling. Jim Drinkard. Barrier to a blockade: NATO offers no legal basis. USA Today, 3 May 1999, p. 4A.
52 Mark J. Valencia, Time for a new regime in Straits of Malacca, The Business Times, 25-26 April 1998.
53 T. Koh, Transit passage through Straits used for international navigation: The need for cooperation between Straits States and User States. Paper presented at the International Conference on the Strait of Malacca: Meeting the Challenges of the 21st Century, 14-15 June 1994, Malaysian Institute of Maritime Affairs, Kuala Lumpur.
54 E. Gold, Transit services in international straits: towards shared responsibilities? Paper presented at the International Conference on the Strait of Malacca: Meeting the Challenges of the 21st Century, 14-15 June 1994, Malaysian Institute of Maritime Affairs, Kuala Lumpur.
25 Shipping interests were strongly opposed to Canada's East Coast VTS when first established. However, when it was shown that the system actually expedited maritime traffic, e.g., access to pilots, shipping interests became fully cooperative.
55 UNCLOS, 1982.
56 Note by Turkey, Navigational and Environmental Safety in the Turkish Straits. IMO Doc. MSC 62/INF.10, March 1993.
57 Jon M. Van Dyke, Sea shipment of Japanese plutonium under international law. Ocean Development and International Law Vol.24, No. 4 1993: pp.399-430; Jon M. Van Dyke and D.E.J. Currie, The international law of ultrahazardous radioactive materials and strategies and options to protect the marine environment. Draft manuscript, 1997.
58 Malaysia cited the Nuclear Non-Proliferation Treaty, and its own Atomic Energy Licensing Act as the basis for controlling the movement of nuclear material within its national jurisdiction, and stated that it was concerned about a possible mishap in the Malacca Strait(Reuter, 15 July, 1997). See also Eager and Stewart, 1992: AFP 10 November, 1992: UPI Business and Financial Wire, 24 September 1992.
59 Bernama. Malaysia calls for legal regime to check shipment of radioactive cargoes, 18 October 1999.
60 The Honolulu Advertiser, 21 March 1995, p.8.
61 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, March 22, 1989, Art. 4(2)(f), UNEP Doc. IG80/3(1989), 28 I.L.M. 657(1989).
62 Stanley Weeks, Military responses to transnational security threats. Paper presented to Conference on Transnational Security Threats in Asia, Asia-Pacific Center for Security Studies, Honolulu, 8-10 August, 2000.
63 Hence the term "sea robbery," since piracy defined in international law is outside territorial waters, although the IMB's Regional Piracy Center and others include "sea robbery" in these figures and their own practical definition of piracy.
64 Stanley Weeks, Piracy in East Asia: trends and counter-measures. Paper presented to the Eleventh Asia - Pacific Roundtable, Institute for Strategic and International Studies, Kuala Lumpur, 5-8 June, 1997.
65 B.A. Hamzah, ed., Managing the Straits of Malacca: options for the government, Malaysian Institute of Maritime Affairs, Kuala Lumpur, 1995.
66 Annex 2 of MEPC 37-10.
67 Abu Bakar Jaafar and Mark J. Valencia, 1985. Marine pollution: national responses and transnational issues in marine policy in Southeast Asia in George Kent and Mark J. Valencia, eds. University of California Press, Berkeley, pp. 267-309.
68 Business Times. Need to form joint body to control piracy in Straits. 15 November 2000.
69 Datuk Harun Affirin, The Malaysian philosophy of joint development in the South China sea in Mark J. Valencia, ed., Hydrocarbon Potential and Joint Development, Pergamon Press, New York, 1981.
70 Mark J. Valencia. Joining up with Japan to patrol Asian waters. International Herald Tribune, 28 April 2000, p. 6.
71 The Honolulu Advertiser. Japan, Malaysia engage in pirate drill, 19 November 2000, p. A-16.
72 Hidemichi Katsumoto. View of collective self-defense right draws fire. The Daily Yomiuiri, 30 November 2000.
73 Ibid.
75 Mark J. Valencia. Navigating Neptune's neighborhood in Benjamin L. Self and Yuki Tatsumi, eds. Confidence Building Measures and Security Issues in Northeast Asia. The Henry L. Stimson Center, February 2000, pp. 1-37
76 Sumihiko Kawamura. "Maritime transport and communications including maritime safety and SLOC security." Paper presented at CSCAP Working Group Meeting on Maritime Co-operation, 2-3 June 1995, Kuala Lumpur.
77 Kyodo. Japan, China reconfirm need to build bilateral ties, 12 December 2000.
78 Pomfret, supra n. 25.
