Friday, March 29, 2024

Settlement of Territorial Dispute between Singapore and Malaysia: In Retrospective

  The International Court of Justice (ICJ) ruled on 2008 that although Pandra Blanca had originally been under the sovereignty of Johor, the conduct of Singapore and its predecessors à titre de souverain and the failure of Malaysia and its predecessors to respond to such conduct showed that by 1980 sovereignty over the island had passed to Singapore. In much the same way, the Sultan of Johor held the original ancient title to Middle Rock and as Singapore had not exercised any rights as sovereign over Middle Rock, the ICJ held that Malaysia retained sovereignty over this maritime feature. The ICJ, additionally, noted that South Ledge fell within the overlapping territorial waters of Malaysia and Singapore, and therefore, belonged to the state which owned the territorial waters in which it is located (the ICJ has no authority to demarcate the border). In spite of the ruling, the dispute continues. However, it is interesting to note that the ruling of the ICJ indicates, once again, the importance of evidences to back territorial claims as well as the exercise of sovereignty over other activities. The ICJ also considers maps as evidence supporting historical documents of the claimants. 

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