ASEAN Single Shipping Market 91
X JEAIL 1 (2017)
ASEAN’s goal of establishing a single shipping market is consistent with its desire
to create a highly integrated, connected and competitive region in which cross-border,
intra-ASEAN establishment and provision of shipping services is permitted. However,
the measures currently being mapped out for achieving the single shipping market
have not included liberalizing cabotage. This article argues that abolishing cabotage
by removing the prohibition on the ASEAN ship-owners to engage in each other’s
domestic shipping is a necessary requirement to fully achieve a single shipping market.
It discusses the cabotage regimes in the four ASEAN States, namely Malaysia,
Indonesia, the Philippines and Thailand. It highlights the vessel registration, licensing
and manning requirements of each State. Further, the article discusses the regulatory
provisions that exclude foreign ship-owners from domestic shipping and the scope
of the exemptions from cabotage. Finally, it makes recommendations on how the
disparate regulatory provisions can be harmonized through the adoption of an ASEAN
agreement on cabotage.
ASSM, AEC, Maritime Cabotage, EU Regulation, Malaysia, Indonesia,
The Philippines, Thailand
The ASEAN Single
Towards a Regional
∗ Senior Lecturer at Faculty of Law of the University of Malaya, Malaysia. LL.M (Nottingham), D.Phil (Buckingham).
ORCID: http://orcid.org/0000-0003-2522-191. The author may be contacted at: email@example.com/ Address:
Faculty of Law, University of Malaya, 50603, Kuala Lumpur, Malaysia.