Article 121 of the 1982 Law of the Sea Convention and the Maritime Delimitation in the Straits of Singapore

• Main Authors: Wan Siti Adibah Wan Dahalan, Adina Kamarudin, Mahmud Zuhdi Mohd Nor
• Format: Article
• Published: Fakulti Undang - Undang 2009
• Online Access: http://journalarticle.ukm.my/1699/; http://ejournal.ukm.my/juum
• Institution: Universiti Kebangsaan Malaysia

Islands continue to be an important issue for states involved when negotiating maritime boundary claims. The maritime delimitation claim at the Singapore Strait following International Court of Justice’s decision in May 2008 on the territorial sovereignty of Pedra Branca and Middle Rocks. This article focuses on the issues of islands and rocks and the entitlement to maritime zones under Article 121 (3) of the 1982 Law of the Sea Convention. Firstly, it uses the historical approach to study the legal regime of island, the maritime zones entitlement of islands and rocks and the ambiguity of Article 121(3). Secondly, the treatment of islands as decided by international courts and tribunals in maritime delimitation when dealing with islands is described. Next, in analysing the position of islands in the area, it considers briefly the possible issues that relate to the delimitation process between relevant states involved in the delimitation of the Singapore Strait. Finally, it discusses the possible legal position in relation to the Article 121 (3) that the countries may advance in the course of negotiation