VESSEL-SOURCED POLLUTION IN MALAYSIA: STRENGTHENING LEGAL FRAMEWORKS FOR CLIMATE ACTION AND MARINE SUSTAINABILITY

Abstract

Vessel-sourced pollution remains a significant environmental challenge for Malaysia, particularly in high-traffic maritime zones such as the Straits of Malacca and the South China Sea. Although Malaysia has ratified key international conventions, such as the MARPOL Convention and the United Nations Convention on the Law of the Sea (UNCLOS), enforcement remains inconsistent due to jurisdictional complexities within its federal legal system. Furthermore, climate change amplifies the environmental impact of vessel-sourced pollution, highlighting the urgent need for more robust legal and policy frameworks. This paper critically examines Malaysia's legal framework governing vessel-sourced pollution and assesses its effectiveness in addressing climate change while promoting marine sustainability. It analyses key legislation, such as the Environmental Quality Act 1974, the Merchant Shipping Ordinance 1952, the Merchant Shipping (Liability and Compensation for Oil and Bunker Oil Pollution) Act 1994, and the Exclusive Economic Zone Act 1984. Additionally, the paper considers international commitments, including MARPOL 73/78, UNCLOS 1982, and the regulatory framework established by the International Maritime Organization (IMO).  The findings in the paper underline the critical need for Malaysia to strengthen the harmonisation of domestic and international laws while incorporating climate action into its legal and policy frameworks. By strengthening legal frameworks and promoting sustainable maritime practices, Malaysia can mitigate the environmental impacts of vessel-sourced pollution and contribute to global efforts in combating climate change and ensuring marine sustainability.