Session Name: Shipping: Its Security, Environmental Impacts, and Other Recent Issues in Asia and Beyond
3 - Malaysia's Form of Banning of Israeli-Flagged Cargo Ships as A Form of Defense Against Gaza
Wednesday, July 31, 2024
14:00 – 15:45 (GMT+7)
Presentation Abstract The Israel-Palestine conflict, as one of the longest-standing international disputes involving Arab and Western countries for over sixty years, has captured the attention of the international community. Malaysia, with significant trade access and a dominant racial profile, has taken a firm stance by prohibiting Israeli-flagged cargo ships from entering its territory as a defensive measure in support of Gaza. Given this context, an in-depth study is necessary to evaluate the legality of Malaysia's actions within the framework of international law. This research, utilizing a normative legal approach with a prescriptive solution, investigates the legality of the ban on Israeli-flagged cargo ships and examines dispute resolution mechanisms applicable to commercial cargo ships banned by the Malaysian government. The normative analysis encompasses an examination of international legal provisions governing maritime dispute resolution, focusing on arbitration procedures or diplomatic negotiations as potential resolution options. Thus, the objective of this research is to provide normative recommendations concerning the compatibility of Malaysia's actions with international legal norms. Furthermore, the study aims to present perspectives on alternative resolutions that can be explored to achieve a fair agreement among the parties involved in this conflict. Through careful analysis, it is anticipated that this research will contribute to the understanding of international law regarding the Israel-Palestine conflict and the actions of the states involved.