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UniKL-MIMET/ACAD/
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LUMPUR Revision
03
No:
Malaysian Institute of Marine
Effective
Engineering Technology (MIMET) Date:
19/07/2021

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COURSE DETAILS

SECTION MM YEAR/ SEMESTER OCT 2023

LAW OF THE SEA AND SHIP


COURSE NAME OPERATION
COURSE CODE LOB 30603

COURSE LEADER LECTURER TS DR AMAYROL ZAKARIA

ASSESSMENT DETAILS

TITLE/ NAME/ TYPE Assignment 2 WEIGHTAGE 10


CLO 4: Evaluate the rights of
COURSE
DATE/ DEADLINE 10/12/2023 coastal states and user states in
OUTCOME(S)
the maritime zone
INSTRUCTIONS DELIVERABLES

1. By using appropriate examples, elaborate one of the questions 1.Presentation


below

DECLARATION
I hereby declare that this assessment complies with the approved syllabus and latest guideline set forth by
UniKL’s Centre for Instructional Technology and Curriculum Development (CITC).

Prepared by: Verified by:

Course Lecturer
Head of Section/ Programme Coordinator
Date: 23/10/23
Date: 23/10/23
STUDENT DETAILS
1. MUHAMMAD ARDY NASRY BIN AZLAN
NAME 2. MUHAMMAD YUNUS BIN MOHAMED YUSOF
3. MOHAMAD ZAMRI BIN MOHAMAD AKHIR
1. 56212121223 GROUP
I/D NO. 2. 56212121346 L01-T01
3. 56212121365
GENERAL INSTRUCTION TO CANDIDATES TOTAL MARKS
Write ALL answers in English unless instructed otherwise.
Answers should be written in black or blue ink except for sketches,
graphics and illustrations.
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LOB 30603

LAW OF THE SEA AND SHIP OPERATION

Assignment 2:

Question: By using appropriate examples, asnswer and elaborate one of the topics below:

1 Describe the legal mechanisms for resolving 11 What is the significance of the United Nations
disputes related to the law of the sea, including the Convention on the Law of the Sea (UNCLOS) for
role of the International Tribunal for the Law of maritime law and ship operations?
the Sea
(ITLOS).
2 What is the role of the International Maritime 12 Explain the concept of the territorial sea and its legal
Organization (IMO) in regulating ship safety and implications for coastal states.
environmental standards?
3 Discuss the legal and operational challenges posed 13 Discuss the rights and responsibilities of flag states in
by maritime piracy and the measures taken to regulating their vessels on the high seas.
combat it.
4 Explain the concept of "freedom of navigation" 14 What are the principles and legal frameworks
and its significance in maritime law. governing innocent passage through territorial seas?
5 Describe the legal responsibilities of shipowners and 15 Explain the legal requirements and obligations related
operators in ensuring the safety of the crew and to the prevention of marine pollution under
passengers on board. international law.
6 How does the International Ship and Port Facility 16 How does the concept of the exclusive economic zone
Security (ISPS) Code enhance maritime security (EEZ) impact a coastal state's jurisdiction over natural
and ship operation? resources in the surrounding waters?
7 Discuss the legal framework for the liability of 17 Describe the legal regime for archipelagic states and
shipowners in case of maritime accidents and their rights under UNCLOS.
pollution incidents.
8 Explain the role of marine insurance in mitigating 18 Discuss the legal principles surrounding piracy and
risks associated with ship operations. armed robbery at sea.
9 What are the legal obligations and safety measures 19 What are the responsibilities of coastal states in search
for the carriage of dangerous goods by sea? and rescue operations at sea?
10 Describe the legal and operational aspects of flag 20 Explain the legal provisions for protecting the marine
state control and port state control in ensuring ship environment in the context of ship operations.
safety and compliance with international regulations.

Reminder1): All Must Follow The Actual Format (Apa Format) E.G. Table Of Content, Introduction, Page Numbers, Conclusions &
References, Please Mention Your Class E.G L01 Or L02. Please refer rubric. Prepare a presentation slides and present in tutorial class.
UNIVERSITI KUALA Doc. No:
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Effective
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Table of Contents
No. Contents M/S
1. Introduction

2. Concept

3. Example

4. References
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1.0 Introduction
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2.0 Concepts of "freedom of navigation" and its significance in maritime law.


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3.0 Example
3.1 Right of transit passage
This right applies to straits used for international navigation, and it allows vessels and aircraft to
operate in their normal mode without interference from coastal states such as requiring prior
notification or authorization, imposing fees, and limiting the size and draft of ships where freedom
from above interference restrictions for vessel and aircraft.

3.2 Sovereign Territory and Territorial Waters.


The principle of freedom of navigation helps to differentiate between international waters and the
territorial waters of coastal states. Territorial waters extend 12 nautical miles from a country's
coastline, and foreign ships and aircraft enjoy the right of innocent passage through these waters.
This principle prevents coastal states from arbitrarily restricting or blocking international navigation
within these limits.

3.3 Exclusive Economic Zones (EEZs)


The principle of Freedom of navigation is subject to certain limitations within a nation's EEZ, such
as the requirement for prior consent for specific activities like conducting marine scientific research
and laying submarine cables. Nevertheless, conducting military operations within another nation's
exclusive economic zone is typically prohibited without that nation's permission.
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4.0 Conclusion
The Freedom of Navigation Program presents a balancing of diplomatic costs and benefits with the risks
inherent in physical challenges. In some cases, the costs, disadvantages, or risks that come with physically
challenging excessive claims might be greater than the benefits. Of course, coastal States understand this
calculus and may try to use it to their advantage since they have an incentive to compel the international
community to acquiesce to their excessive maritime claims. 46 Continued investments in the Freedom of
Navigation Program, including diplomatic protests unlawful claims and continued Freedom of Navigation
operations to challenge those claims, are essential to preserve key navigational rights embodied in the
LOSC and customary international law. The U.S. has encouraged allies like Japan, South Korea, and
Australia to join the Freedom of Navigation Program, but they have been reluctant to conduct operations
so far. The U.S. should continue to pursue this goal because the message delivered by Freedom of
Navigation operations will be stronger when more States send it.
UNIVERSITI KUALA Doc. No:
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Malaysian Institute of Marine
Effective
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References
Jeff M.Smith, (Feb 08, 2017) Freedom of Navigation: A critical security imperative,
https://www.orfonline.org/research/freedom-of-navigation-a-critical-security-imperative/

President Franklin D. Roosevelt, Fireside Chat, (Sept 11, 1941) Freedom of Navigation,
https://sites.tufts.edu/lawofthesea/chapter-three/

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