A Malacca-Singapore Model For Resolving Hormuz, Pg6

Key Highlights:

• The article proposes the Malacca-Singapore Straits model as a potential solution for resolving ongoing issues in the Strait of Hormuz.
• In 1971, Malaysia, Indonesia, and Singapore jointly asserted 12-nautical-mile territorial seas over the Malacca-Singapore Straits, challenging their previous "international" status.
• The United Nations Convention on the Law of the Sea (UNCLOS) introduced the concept of "transit passage" for straits connecting high seas or Exclusive Economic Zones (EEZs).
• A Cooperative Mechanism was established in 2007 for the Malacca-Singapore Straits, involving littoral and user states to ensure navigation safety and fund maintenance.
• The Strait of Hormuz shares geographical similarities, with Iran and Oman's territorial waters intersecting, but Iran (not an UNCLOS signatory) requires authorization for foreign warships.
• While Iran and Oman have reportedly agreed on a framework for Hormuz, the United States has not accepted the arrangement.

Detailed Insights:

• The Strait of Malacca and Strait of Singapore form a crucial maritime corridor connecting the Andaman Sea to the South China Sea.
• Post-decolonization, Indonesia asserted sovereignty over waters between its islands, influencing the 1971 joint declaration with Malaysia and Singapore.
• Malaysia and Indonesia's claims of 12-nautical-mile territorial seas effectively made the straits territorial waters, allowing only "innocent passage".
• The right of "innocent passage" for foreign vessels can be suspended for security reasons and excludes submerged submarines.
• "Transit passage" under UNCLOS allows continuous and expeditious transit, including for warships, going beyond mere innocent passage.
• Japan, through the Malacca Strait Council, played a significant role in fostering cooperation among the littoral states.
• The Cooperative Mechanism includes an Aids to Navigation Fund, supported by voluntary contributions from user states and industry, administered jointly with the littoral states.
• The primary concern in the Malacca-Singapore Straits was navigation safety and environmental protection, whereas in the Strait of Hormuz, Iran's security is the central issue.
• Iran's 1993 law, requiring authorization for foreign warships in Hormuz, remains a point of contention as Iran has not ratified UNCLOS.

Key Concepts Involved:

• United Nations Convention on the Law of the Sea (UNCLOS): An international treaty establishing a legal framework for all marine and maritime activities.
• Territorial Waters: A belt of coastal waters extending up to 12 nautical miles from the baseline of a coastal state, over which the state has full sovereignty.
• Innocent Passage: The right of foreign vessels to navigate through the territorial waters of another state, provided it is not prejudicial to the peace, good order, or security of the coastal state.
• Transit Passage: The right of vessels and aircraft to navigate through international straits connecting two parts of the high seas or Exclusive Economic Zones (EEZs), continuously and expeditiously.
• Exclusive Economic Zone (EEZ): A sea zone over which a state has special rights regarding the exploration and use of marine resources, extending 200 nautical miles from the baseline.