Malaysia Singapore relations: a study on maritime dispute resolution process under international law / Ahmad Hashim Mahmood

• Main Author: Mahmood, Ahmad Hashim
• Format: Thesis
• Language: English
• Published: 2020
• Subjects: Maritime law
• Online Access: https://ir.uitm.edu.my/id/eprint/59591/1/59591.pdf; https://ir.uitm.edu.my/id/eprint/59591/
• Institution: Universiti Teknologi Mara

Ever since Singapore parted ways with the Federation of Malaysia on 9th August 1965, both Malaysia and Singapore are expected to coexist as mutual respectable and responsible neighbours. With Singapore joining the United Nations (UN) barely a month after separation, Singapore is also entitled to its rights as a sovereign nation as specified in the UN Charter, similar to Malaysia. Article 2(4) of the UN Charter prohibits States from the use of force against the “territorial integrity or political independence” of another State, hence stressing the need for Malaysia and Singapore to abide by this rule and respect the sovereign territories of one another, a demand which has also been recognised as customary international law. At the same time, all member States are also required by the Charter to peacefully find solutions to any disputes, if such disputes arise. Over the years, Malaysia and Singapore are seen to be frequently at odds over their claimed maritime boundaries, especially in areas where such boundaries have yet to be fully defined and precisely accepted by both sides. These include the area around Tuas, where both sides are still at odds over their respective port limits, whereas the area surrounding Batu Puteh, which was awarded to Singapore in 2008, has created more uncertainties in terms of boundary definitions there. In order for the two neighbouring nations to comply with the demands of the UN Charter, an effective mechanism should be in place for both parties to abide as a standard operating procedure to resolve their maritime disputes. Such mechanism can only be determined through the understanding of historical facts to identify the source to the problems, as well as looking into the current and future challenges faced by the involved parties. Looking into a legal point of view, this doctrinal research applies qualitative methods to study maritime dispute resolution process under international law, specifically for the context of Malaysia-Singapore relations.