KUALA LUMPUR, Apr 27 — ASEAN must act decisively to prevent the Strait of Malacca from becoming a battleground between major powers, a maritime expert has warned, as tensions in the Gulf threaten to spill over into Southeast Asia.
Maritime analyst and scholar Nazery Khalid said the regional bloc must leverage its diplomatic influence and ties with major powers, including the United States and China, to de-escalate tensions and safeguard key Southeast Asian sea lanes.
“As an association of nations built on the principle of non-alignment and neutrality, ASEAN must nip any possible tension that could undermine regional security in the bud,” he told Bernama.
Nazery stressed that ASEAN member states must collectively exercise statecraft to steer major powers away from confrontation and avoid a prolonged conflict that could undermine the region’s trade, economy and security.
He warned that the ongoing Gulf conflict and the effective disruption of the Strait of Hormuz could heighten the risk of tensions spilling over into the Strait of Malacca, a critical global trade and energy artery.
Risk of spillover to the Strait of Malacca
As ships unable to transit the Strait of Hormuz continue to accumulate in the Gulf of Oman and the Persian Gulf, Nazery said there would be a domino effect on ports linked to the region.
“Ports along the Strait of Malacca, namely Port Klang and Singapore Port, which have extensive connectivity with ports in the Gulf, stand to be affected if the Strait of Hormuz closure is prolonged.
“Disruptions to shipping services between the two regions could lead to cargo backlogs at these ports and beyond, creating bottlenecks across supply chains.
“This is inevitable given the interconnectedness of ports in global maritime trade and the integrated nature of global supply chains,” he said.
He added that while the risk of spillover remains limited for now, it could increase if the conflict drags on and escalates.
Nazery said ASEAN’s efforts to keep the strait open and safe for international shipping and to protect its environment are not anchored in any regional charter. ASEAN, he noted, lacks a binding legal framework comparable to the European Union.
As sovereign states, member countries are free to pursue national interests while upholding the principles of non-interference, consensus and flexibility.
They are not legally bound to ASEAN visions, consensus or strategic initiatives.
Their cooperation in the Strait of Malacca is driven by a shared commitment to maintaining goodwill, preserving regional harmony and cooperating on regional and international issues.
“They are only bound by a commitment to a rules-based order in accordance with international law, fostering good ties among them — for example through the ASEAN Free Trade Area and various working groups — and collectively promoting socio-economic ties and security with countries outside the region through multilateral platforms,” he said.
Legal framework under UNCLOS
On April 22, Indonesia was reported to be considering introducing a levy on commercial vessels passing through the Strait of Malacca, in a move aimed at turning one of the world’s busiest shipping corridors into a new source of state revenue.
However, Foreign Minister Sugiono later said Jakarta would not impose tariffs on vessels transiting the strait, noting that such a move would be inconsistent with international law. According to Antara News Agency, he stressed that Indonesia respects international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS).
Against this backdrop, Nazery noted that while countries that ratify UNCLOS retain sovereign rights over their territorial waters, these must be exercised in accordance with international law.
“The Strait of Malacca is defined as a strait used for international navigation; hence UNCLOS applies and guarantees the right to free and unimpeded passage for commercial and military vessels under the principle of transit passage,” he said.
He added that the littoral states — Malaysia, Indonesia and Singapore — are collectively responsible for ensuring safe navigation, orderly traffic and environmental protection.
“As signatories to UNCLOS and members of the International Maritime Organisation and the United Nations, they are legally bound to ensure the sea lane remains open to all vessels exercising transit passage,” he said.
He cautioned that imposing tolls or fees would run counter to this responsibility and undermine the principle of free navigation.
“As such, imposing fees on ships passing through the strait would deny them this right and be considered discriminatory, going against the spirit of UNCLOS and the rules-based order,” he added.
