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Border Territorial and Maritime Matters Unit

Rushdan
Head of Section
Muhammad Rushdan bin Mohamed 
 

Head of Unit
Vacant
 
Matters under purview
  • Maritime issues and maritime delimitation
  • Overlapping claims issues in the South China Sea
  • United Nations Convention on the Law of the Sea (UNCLOS)
  • Shipping
  • Maritime enforcement
  • Civil aviation related matters
  • Research and consultations on land border and territorial disputes before decision is made to refer to international tribunals/ dispute settlement mechanisms
  • Maritime, Territorial Matters and Civil Aviation Unit deals with all international law issues concerning matters on the law of the sea and maritime boundary, land boundary demarcation, overlapping claims in the South China Sea, United Nations Convention on the Law of the Sea 1982 (UNCLOS), merchant shipping, piracy and coast guard.
  • Maritime, Territorial Matters and Civil Aviation Unit is involved and responsible for the following areas of work
Providing legal advice on issues namely:
  • Implementation of the provisions of UNCLOS;
  • Piracy under Regional Cooperation Agreement on Anti-Piracy in Asia (RECAAP);
  • Matters under the purview of International Maritime Organization (IMO);
  • Matters related to merchant shipping under the Merchant Shipping Ordinance 1952;
  • Matters related to civil aviation under the International Civil Aviation Convention (ICAO);
  • Matters related to the enforcement of Malaysia’s Maritime Enforcement Agency Act 2004;
  • Matters relating to Malaysia’s participation in the Sulu Sulawesi Marine Ecoregion (SSME) Programme;
  • Matters related to the joint survey and demarcation of international land boundary between Malaysia and Indonesia;
  • Matters related to the joint survey and demarcation of international land boundary between Malaysia and Thailand; and
  • Matters concerning UNESCO’s Convention on Underwater Cultural Heritage.
  • Providing legal advice on maritime and land boundary issues such as overlapping claims in the South China Sea, which are still being negotiated before submission to international third party adjudication or dispute settlement mechanism;
  • Representing the Attorney General’s Chambers at inter-agency meetings and advising the Government of Malaysia on the aforementioned matters;
  • Representing the Attorney General’s Chambers at preparatory meetings and advising the Government of Malaysia in negotiation involving maritime and land boundary issues, which are still being negotiated before submission to international third party adjudication or dispute settlement mechanism;
  • Representing the Attorney General’s Chambers for the protection of Malaysia’s interests internationally and advice on Malaysia’s international obligations at international meetings such as Meeting of State Parties of UNCLOS, Meeting of State Parties of ICAO and IMO Meetings;
  • Carrying out the harmonization of UNCLOS to ensure Malaysia’s compliance with the same by amending current domestic legislation or enacting new legislation such as:
  1. Maritime Zones Bill 2004;
  2. Merchant Shipping Act 2004;
  3. Exclusive Economic Zone (Amendment) Bill 2001;
  4. Continental Shelf (Amendment) Bill 2001;
  5. Environmental Quality Act 1974;
  6. Fisheries Act 1985.