Saturday 28 April 2012

PULAU BATU PUTEH/PULAU BATU PUTIH/PEDRA BRANCA

Assalamualaikum  WBT.
(29 April 2012- Sunday 12.05 am)

PULAU BATU PUTEH/PULAU BATU PUTIH/PEDRA BRANCA


“The delimitation of maritime boundaries between the two states frequently meets and overlaps. Therefore the line of separation has to be drawn to distinguish the rights and obligations between these States. Discuss the rules on delimitation of maritime boundaries between the States of Malaysia and Singapore with regards to Pulau Batu Puteh / Pedra Branca Islet according to 1982 LOSC and under the international law rule.”

By
              Mohd. Zamre Bin Mohd. Zahir                         
              Stephanie Alau Apui                                              



Based of the close geographical proximity of many States, their maritime zones often overlap to a greater or lesser degree.[1] Based on the literatures[2], delimitation of maritime boundaries between the two states frequently meets and overlaps such in the situation between Malaysia and Singapore with regards to Pulau Batu Puteh / Pedro Bianca Islet according to United Nations Conventions of Law of the Sea 1982 (LOSC 1982) and under the rule of international law.
In Malaysia and Singapore case, Pedra Branca is located at opposite and adjacent of these two states. The International Court of Justice (ICJ) has so far adopted Article 15 of the LOSC 1982 in various border dispute decisions.[3] The delimitation of Maritime Boundaries, the coasts of two States are opposite or adjacent to each other and that the dividing line between two states' territorial seas should normally be a line equidistant from the baseline of the contending countries.[4] This method establishes a median line that at all points is equidistant from the baselines of states with adjacent or opposite coasts.[5] The equidistance line rule referred to be an objective test based on geometrical construction and was designed to avoid controversy and speculation.[6] However, the provision also includes an exception relating to "special circumstances" and "equitable solutions."[7] These concepts shroud the equidistance line rule in vagueness, deferring to the adjudicating body to determine what might be a "historical title or special circumstance" and the creation of “equitable solutions” based on fairness.[8] 
The dilemma of delimitation of maritime boundaries between States with opposite or adjacent coasts like in Pedra Branca’s situation, proved to be one of the most intractable issues of the entire LOSC 1982 proceedings and it was not until August 1981 that agreement was finally reached on a “compromise formula”.[9] Mutatis mutandis, the formula is the same for the EEZ (Article 74 of the LOSC 1982) and the continental shelf (Article 83 of the LOSC 1982).[10] Ravin, MOM., in his article contends that State practice regarding the delimitation of maritime boundaries like in Malaysia and Singapore regarding Pedra Branca could be dividing to several categories which are the provision of international law, delimitation by agreement and negotiation between disputing Parties, national legislation (domestic laws) and judicial decision.[11] In short, through the observation, it is essential to the Parties (Malaysia and Singapore) to draw the line of delimitation with regards to Pedra Branca in the area in question.[12]


[1] Churchill, R. R. and Lowe, A. V., The Law of the Sea, 3rd ed., (Juris Publishing, Manchester University Press 1999). 
[2] ICJ, “Sovereignty over Pedra Branca/ Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)”, (International Court of Justice 2008), p.1.
[3] Yoshifumi Tanaka, "Reflections on Maritime Delimitation In The Cameroon /Nigeria Case"53 ICLQ 369, April, 2004.
[4] Ibid.
[5] Ibid.
[6]D.H. Anderson "Maritime boundaries and limits: Some basic legal principles."
[7] Article 83 of the United Nations Conventions of Law of the Sea 1982.
[8] Derman B. Andrew et al., “Border Disputes” (Thompson & Knight LLP).
[9] Brown, E. D., “The International Law of the Sea: Volume 1 Introductory Manual”, (Dartmouth Publishing Company Limited 1994).
[10] Ibid.
[11] Ravin, MOM., “Law of the Sea, Maritime Boundaries and Dispute Settlement Mechanisms” (United Nations-The Nippon Foundation Fellow, Germany 2005).
[12] Note 2. 

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