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The Anglo-Dutch Treaty 1824: Was the Partitioning of the Malay Archipelago Valid?
Hazmi Rusli,Roman Dremliuga,Wan Talaat 이준국제법연구원 2020 Journal of East Asia and International Law Vol.13 No.1
The Anglo-Dutch Treaty 1824 was concluded between the British and the Dutch colonial powers without consideration of its effect on the sociopolitical situation of the Malay World (Nusantara). The Anglo-Dutch Treaty 1824 alienated Malay territories according to the desires of the colonial powers. This article discusses whether the British and the Dutch were in the position to divide the Malay World without the consent of the local sovereign rulers. The Anglo-Dutch Treaty 1824 merely defined the sphere of influence, not sovereignty/ownership of the Dutch and the British in the region. This article concludes by emphasising the enormous sociopolitical effects of the Anglo-Dutch Treaty 1824 to Nusantara in relation to the maritime boundary delimitations between Malaysia, Indonesia and the Straits of Malacca and Singapore.
Hazmi Rusli,R. Dremliuga,Wan I. Talaat (사) 이준국제법연구원 2016 Journal of East Asia and International Law Vol.9 No.1
There are approximately 116 straits used for international navigation around the world. Some of them are important international maritime chokepoints, namely the Dover Strait, Hormuz Strait, Straits of Malacca and Singapore and the Russian straits across the Northeast Arctic Passage. Due to the high number of navigational traffic going through these straits, vessel-source pollution is endemic in these waters. This article examines the applicable international legal framework on protection of the marine environment of straits used for international navigation such as Part XII of the United Nations Convention on the Law of the Sea and other related legal measures like International Maritime Organization conventions on protection of the marine environment. This article concludes by stating that the present framework is not sufficient in properly balancing two vital interests in the maritime world – protection of the marine environment vis-à-vis shipping.
Securing Malaysia’s Borders from Covid-19: Legal Considerations to the Influx of Rohingya Migrants
Rusli Hazmi,Dremliuga Roman,Suhaili Wan,Farisha Nur Alia 이준국제법연구원 2021 Journal of East Asia and International Law Vol.14 No.1
On March 18, 2020, Malaysian Prime Minister Tan Sri Muhyiddin Yassin declared the nationwide enforcement of the Movement Control Order to curb the spread of COVID-19. In September 2020, Malaysia entered the third wave of the outbreak. Active cases rose from 60 to more than 13,000. The government’s Ops Benteng stops illegal migrants, who are at high risk of bringing COVID-19 into Malaysia. This includes illegal Rohingya migrants, who enter Malaysia to flee persecution in their home country, Myanmar. There are approximately 150,000 Rohingya migrants in Malaysia and more are expected. This article examines the main reason behind the influx of Rohingya illegal migrants and discusses whether the Malaysian government should tighten its borders to safeguard against COVID-19. The government must prioritise its own citizens over the Rohingyas; the responsibility of managing this humanitarian disaster should be shared with other nations, particularly those party to the United Nations Convention relating to the Status of Refugees 1951.
Hazmi Rusli,Lowell B. Bautista 이준국제법연구원 2023 Journal of East Asia and International Law Vol.16 No.1
Southeast Asia is home to the Straits of Malacca and Singapore, one of the world’s most important sea lines of communication. The closure of the straits to international navigation may adversely affect the well-being of the global economy. On February 11, 2022, the Biden administration announced the new Indo-Pacific strategy, which will continue to deliver on AUKUS. For centuries, the proposed Thai Canal Project has been planned to revolutionize the shipping industry by bypassing the busy waters of the Straits of Malacca and Singapore. If the canal is built under the US Indo-Pacific Strategy, the pre-eminence of the Straits of Malacca and Singapore will not last long. This article analyzes the potential increase of navigation of nuclear-powered submarines through the Straits of Malacca and Singapore and its ensuing environmental implications from a viewpoint of international law. It discusses effects of the proposed canal plan in influencing the shipping industry should this “dream waterway” be constructed.