Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Publications
  3. Publishing partners
  4. ISEAS-Yusof Ishak Institute
  5. Content Listing

Refine listing

Refine listing

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

569 results in ISEAS-Yusof Ishak Institute

Page 1 of 29

Imagining Asia(s)
  • Networks, Actors, Sites
  • Edited by Andrea Acri, Kashshaf Ghani, Murari K. Jha, Sraman Mukherjee
  • Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    31 January 2020
    Print publication:
    23 October 2019
  • As a continent lying to the east of Europe, Asia has been malleable to different spatial and temporal imaginations and politics. Recent scholarship has highlighted how the seemingly self-contained regional configurations of West and Central Asia, South and Southeast Asia, and East Asia carved by the Area Studies paradigm reflect changing (geo)political and economic interests than historical or cultural root. This volume advances the question as to what Asia is, and as to whether there existed one or many Asia(s). It seeks to explore Asian societies as interconnected formations through trajectories/networks of circulation of people, ideas, and objects in the longue durée. Moving beyond the divides of Area Studies scholarship and the arbitrary borders set by late colonial empires and the rise of post-colonial nation-states, this volume maps critically the configuration of contact zones in which mobile bodies, minds, and cultures interact to foster new images, identities, and imaginations of Asia.

The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
  • Historical Antecedents and the International Court of Justice Judgment
  • D. S. Ranjit Singh
  • Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019
  • In 2002, ASEAN made history when two of its founder members "Indonesia and Malaysia" amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice (ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes. As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties. "An invaluable account of the dispute between Malaysia and Indonesia over the Sipadan and Ligitan Islands. Written skillfully by a historian who is in clear command of the facts. Highly recommended for anyone who wishes to understand border disputes in Southeast Asia."—Professor James Chin, Director, Asia Institute, University of Tasmania

From Free Port to Modern Economy
  • Economic Development and Social Change in Penang, 1969 to 1990
  • Edited by Chet Singh, Rajah Rasiah, Yee Tuan Wong
  • Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    30 September 2019
  • The 1950s saw Lim Chong Eu taking an increasingly central role in Malayan politics, moving from the exhilarating preparation for independence to him losing political influence by the end of the decade. The following decade saw him trying to revive his political fortunes, and finally succeeding at the ballot box in 1969. Becoming the Chief Minister of Penang State—retreating from national politics, as it were—provided him with the platform from which he would excel as nation builder and political leader. In the process, he contributed decisively to the industrialisation, not only of Penang but also of Malaysia as a whole. This collection of articles tells the story of how the declining fortunes of the port of Penang was turned around through daring and forceful leadership into the industrialised society that it is today.

A View from the Highlands
  • Archaeology and Settlement History of West Sumatra, Indonesia
  • Edited by Mai Lin Tjoa-Bonatz
  • Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    24 January 2020
    Print publication:
    07 November 2019
  • This book analyses the rise of the settlement system in the heartland of the Minangkabau region in the highlands of West Sumatra, Indonesia. It explores the regional settlement pattern arising from Adityavarman's highland interregnum (c. 1347 This book analyses the rise of the settlement system in the heartland of the Minangkabau region in the highlands of West Sumatra, Indonesia. It explores the regional settlement pattern arising from Adityavarman's highland interregnum (c. 1347-75), and provides the first attempt to place the archaeological remains and the landscape of Tanah Datar, a fertile plain in the highlands of West Sumatra, in a cultural historic synthesis. The core of this research consisted of excavations at Bukit Gombak and Bukit Kincir. Bukit Gombak was a central place in Adityavarman's kingdom,75), and provides the first attempt to place the archaeological remains and the landscape of Tanah Datar, a fertile plain in the highlands of West Sumatra, in a cultural historic synthesis. The core of this research consisted of excavations at Bukit Gombak and Bukit Kincir. Bukit Gombak was a central place in Adityavarman's kingdom, and provides evidence of the organization and material development of this political entity. Surveys uncovered other settlements that could be examined in relation to each other and to sites from earlier and later periods, and used to sketch out the settlement history of Tanah Datar from prehistoric times to the colonial period. The book consists of detailed studies of metal, ceramics and glass finds by laboratory-based specialists as well as careful descriptions of stone, clay and other finds.

  • Appendix D - H.M. Durand's Memorandum 1906. Memorandum, H.M. Durand, British Ambassador to the United States, to the Secretary of State, U.S.A., 23 June 1906

  • from Appendixes
  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 206-207

  • Summary

    The Secretary of State's semiofficial note of January 12 in regard to the control of certain islands in North Borneo was duly forwarded by His Majesty's embassy to Sir Edward Grey, who has now replied, giving the views of the British North Borneo Company on the four points raised in that note.

    In regard to the first point, the company deprecate having to submit a chart showing the line dividing North Borneo from American territory. They point out that to prepare such a chart would necessitate the dispatch of a joint delimitation commission, which would involve considerable expense. His Majesty's embassy is, however, authorized to communicate to the State Department the inclosed map as showing the limits within which the company desire to carry on the administration.

  • The company would like to be left undisturbed in the administration of the islands without any detailed agreement, the United States Government simply waiving in favour of the company their right to administer, which it is believed they have no special desire to exercise; but if this is not possible the company would prefer to continue the administration on leases renewable say every twenty-five years, paying the annual rent of $150 as suggested before.

  • The company suggest that in case of denunciation the United States Government should agree to recognize titles and concessions granted in the islands by the company and should pay the company for improvements.

  • In the event of the United States Government agreeing to refrain from administering the islands, the company will, as a matter of course, agree to the exemption of the United States Government from any claim or allegation of responsibility arising out of acts done in or from any islands within the proposed line of demarcation.

    • They do not suppose that it was the intention of the Department of State to disclaim responsibility for the consequences of acts done in or from American islands under the direct control of the United States administration.

  • Appendix H - Boundary Convention between Great Britain and the United States, 2 January 1930, and Exchange of Notes, 2 January 1930 and 6 July 1932

  • from Appendixes
  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 214-226

  • Summary

    Convention signed at Washington January 2, 1930: exchanges of notes

    at Washington January 2, 1930 and July 6, 1932

    Senate advice and consent to ratification February 11, 1930

    Ratified by the President of the United States February 21, 1930

    Ratified by the United Kingdom November 2, 1932

    Ratifications exchanged at Washington December 13, 1932

    Entered into force December 13, 1932

    Proclaimed by the President of the United States December 15, 1932

    47 Stat.2198; Treaty Series 856

    CONVENTION

    The President of the United States of America and His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India,

    Being desirous of delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the Treaties of December 10, 1898, and November 7,1900, with Her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection,

    Have resolved to conclude a Convention for that purpose and have appointed as their plenipotentiaries:

    The President of the United States of America,

    Henry L. Stimson, Secretary of State of the United States of America; and

    His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India,

    For Great Britain and Northern Ireland:

    The Right Honorable Sir Esme Howard, G.C.B., G.C.M.G., C.V.O., His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington;

    Who, having communicated to each other their respective full powers found in good and due form have agreed upon and concluded the following Articles:

    ARTICLE I

    It is hereby agreed and declared that the line separating the islands belonging to the Philippine Archipelago on the one hand and the islands belonging to the State of North Borneo which is under British protection on the other hand shall be and is hereby established as follows:

  • Appendix E - The Secretary of State (U.S.A.) to the British Ambassador, 19 December 1906

  • from Appendixes
  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 208-209

  • Summary

    DEAR MR. AMBASSADOR: Your note of November 6 reminded me that a respond has not yet been forthcoming to the memorandum which you left with me on the 23rd June last in relation to the administration or leasing of certain small islands on the North Bornean coast by the British North Borneo Company.

    The matter has required much consideration and involved delay which I regret, and even at this late day I am not at all clear as to the most practical way to give effect to the desire of your Government by a formal agreement.

    I apprehend that the difficulty in the way of a conventional delimitation of the boundary between the former possessions of Spain in the Sulu Archipelago, now belonging to the United States, and the North Bornean territories on or adjacent to the mainland of Borneo, may lie in the circumstance that the North Bornean domain is not an imperial possession of Great Britain, but is held by a British Chartered Company under grant of the native Sultans and under the protection of the Crown in virtue of such grant. If this be so, I can discern impediments to an international convention between our two countries for establishing a boundary line between their respective sovereignties—and I can equally see that objections might be raised to undertaking to fix that boundary by agreement between this Government and a chartered corporation having per se no national status.

    Something of the same difficulty might arise in the case of the United States undertaking to lease the islands to a chartered company not having the standing of a government. The third condition of your memorandum illustrates this point, suggesting, as it does in effect, that such a lease should carry with it power to the company to grant titles and concessions binding upon the United States and to make valuable improvements, which would be an eventual charge upon this Government should the United States terminate the lease and reenter upon the property.

  • 6 - The Bases of Indonesia's Claim

  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 127-143

  • Summary

    Introduction

    Indonesia advanced its claim to Pulau Sipadan and Pulau Ligitan based on a number of arguments. The linchpin of its submissions was that it held a legal title over these two islands as a result of historical circumstances; the Anglo-Dutch Boundary Convention of 1891; and the process of ratification of the said Convention which involved proceedings in the Dutch Parliament, especially those pertaining to the Explanatory Memorandum Map of 1891. To Indonesia, possession of a legal title was paramount, and no amount of subsequent effectivités could displace such a title; they could only enhance it. Indonesia built its case on four major bases as stated below:

  • A grand argument that Indonesia possessed legal title over Sipadan and Ligitan;

  • a supporting argument based on State Practice or Effectivités;

  • map evidence; and

  • activities of colonial powers in the region.

    • Indonesia's Case Based on the Possession of a Legal Title

    Legal Title Derived From Historical Developments

    In its written Memorial, Indonesia went to great lengths to explain the uncertain nature of the traditional territorial boundaries in the northeastern region of Borneo in the nineteenth century. The explanation was necessary as the native rulers paid more attention to control over people rather than territory. As such, territorial concessions made by local rulers to European powers in the region in the nineteenth century often overlapped so much so “that this lack of precision in determining territorial possessions in the area was the source of confusion among the colonial powers themselves”. The Memorial of Indonesia, vol. 1 proceeded to explain that the Sultan of Bulungan had jurisdiction over territories as far as Batu Tinagat, situated at parallel 4°19’ north on the northeast coast of Borneo. The Sultan of Bulungan, Muhammad Khahar-Oedien had signed a Contract of Vassalage with the Netherlands Indies Government on 12 November 1850, by which he acknowledged submission to Dutch overlordship as far back as 1834. Indonesia claimed that Article II of the 1850 Contract of Vassalage contained definitive evidence that the islands of Sipadan and Ligitan belonged to the Sultan of Bulungan.

  • Appendix G - Exchange of Note of 10 July 1907 between Britain and the United States

  • from Appendixes
  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 212-213

  • Summary

    EXCELLENCY: I have the honor to acknowledge the receipt of your note No. 151 of the 3d instant, by which you inform me that His Majesty's Government, acting at the request and on behalf of the British North Borneo Company, are prepared to acquiesce in the last proposal stated in the letter of December 19, 1906, from the Secretary of State to Sir H.M. Durand, respecting the administration of certain islands on the east coast of Borneo and that you are therefore instructed by His Majesty's principal secretary of state for foreign affairs to place the proposed arrangement formally on record without further delay.

    The understanding of His Majesty's Government of the terms of the arrangement is stated by you to be as follows:

    Firstly. That the said company be left undisturbed in the administration of the islands in question without any agreement specifying details, the United States Government simply waiving in favour of the said company the right to such administration in the meantime; in other words, that the existing status be continued indefinitely at the pleasure of the two Governments concerned.

    Secondly. That such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company; and any grant, concession, or license made by the company shall cease upon the termination of the company's occupation.

    Thirdly. That the temporary waiver of the right of administration on the part of the United States Government shall cover all the islands to the westward and southwestward of the line traced on the map which accompanied Sir H.M. Durand's memorandum of the 23rd of June, 1906, and which is annexed to and to be deemed part of this note.

    Fourthly. That the British North Borneo Company, through His Majesty's Government, shall agree to the exemption of the United States Government from any claim or allegation that the latter Government has incurred any responsibility in respect of acts done in or from any island within the said line.

    Fifthly. That the understanding shall continue until the said two Governments may by treaty delimit the boundary between their respective domains in that quarter or until the expiry of one year from the date when notice of termination be given by either to the other.

  • Appendix C - Agreement between the United Kingdom and the Netherlands Relating to the Boundary between the State of North Borneo and the Netherland Possessions in Borneo. Signed at London, 28 September 1915

  • from Appendixes
  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 200-205

  • Summary

    His Britannic Majesty's Government and the Government of Her Majesty the Queen of the Netherlands having agreed in a spirit of mutual goodwill to confirm the joint Report with the accompanying map prepared by their respective Commissioners in accordance with Article 5 of the Convention signed at London on the 20th June, 1891, for the delimitation of the boundary line between the States in the Island of Borneo which are under British protection and the Netherland possessions in that island, and relating to the boundary between the State of North Borneo and the Netherland possessions in the island; the undersigned duly authorized to that effect, hereby confirm the aforesaid joint Report and map, as signed by their Commissioners at Tawao on the 17th February, 1913.

    The text of this joint Report, signed in English only, is as follows:-

    We, the undersigned: J.H.G. Schepers, engineer of the Triangulation Brigade, Netherland India, E.A. Vreede, 2nd Lieutenant of the Netherland Royal Navy, appointed by Netherland India Government Resolution No. 1 of the 9th April 1912, and No. 38 of the 30th October 1912, respectively, as leader and Joint Commissioner of the Netherland Commission to delimitate on the spot the frontier between Netherland territory and the State of British North Borneo; H.W.L. Bunbury, officer of the First Class, British North Borneo Civil Service, G. St. V. Keddell, surveyor, appointed by commission from his Excellency the Governor of British North Borneo, dated the 30th May 1912, respectively, as Civil Commissioner and Surveyor representing the Government of British North Borneo; have the honour to report as follows:-

  • We have travelled in the neighborhood of the frontier from the 8th June 1912, to the 30th January 1913, during which period the Netherland Commission has made the necessary astronomical observations and topographical surveys, the results of which we declare to be correct and sufficient for the determination of the boundary.

  • Where physical features did not present natural boundaries conformable with the provisions of the Boundary Treaty of the 20th June 1891, we have erected the following pillars:-

  • (a) Two pillars on the opposite banks of the Pentjiangan River, both marked “G.P.1.”

  • (b) One pillar on the right bank of the Agisan River, marked “G.P. 3.”

  • (c) One pillar on the left bank of the Seboeda River, marked “G.P. 2.

  • 1 - Introduction

  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 1-15

  • Summary

    A Brief Description of the Sipadan and Ligitan Islands

    Before broaching the subject of this work, that is, the dispute over the ownership of the Sipadan and Ligitan Islands between Indonesia and Malaysia, a brief description of the two islands is in order. The islands of Sipadan and Ligitan are both located in the southeastern portion of Sabah in the Celebes Sea (Figures 1.1 and 1.2). Sipadan Island is an oceanic island and the only one of its kind in Malaysia. It is not part of the continental shelf of Borneo but emerges separately from the ocean rising some 600 to 700 metres from the seabed. It is a small island with an area of about 0.13 square kilometres. It is situated at 4°06’ latitude north and 118°37’ longitude east. The island sits on top of an extinct volcano and, was formed by living corals growing on the submarine mountain head. In 1903, a US naval report described Sipadan Island as follows:

    This island is densely wooded with tall timber and is the resort of many turtles. There is no water and it is in consequence, uninhabited.

    The coral reefs that grow around the island are home to many sea creatures such as the fusilier, snapper, barracuda, manta ray and hammerhead shark (Figure 1.3). The island is also home to many turtles of the hawksbill and green-backed species. There is a turtle tomb underneath the column of the island, formed by an underwater limestone cave where many turtles get drowned as they are unable to find the surface. Sipadan is rated as one of the top destinations for diving in the world. Sipadan lies about 21 nautical miles from Semporna of the Borneo mainland (Sabah). In the past, and even today, Sipadan has remained an important place for the collection of a valuable delicacy, that is, turtle eggs. On most nights, a number of turtles crawl ashore to lay their eggs in the sandy areas close to the bushes. Each turtle usually lays from 150 to 300 eggs in a safe, deep hole dug by itself. In the past, the Sultan of Sulu owned this island, and he obtained a handsome revenue from the collection and sale of turtle eggs coming from this place. This valuable commodity was collected by agents appointed by the Sultan.

  • 8 - The ICJ's Judgment

  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 160-174

  • Summary

    Introduction

    As has been discussed in Chapter 1, both Indonesia and Malaysia agreed to refer the dispute concerning ownership of Pulau Sipadan and Pulau Ligitan to the International Court of Justice (ICJ) on 7 October 1996. Subsequently, on 31 May 1997, both countries signed a Special Agreement for this purpose and filed the said Agreement with the ICJ on 2 November 1998. In the Special Agreement, the two parties requested the ICJ to determine, on the basis of treaties, agreements, and other evidence to be furnished by them, whether sovereignty over the two islands belonged to the Republic of Indonesia or to Malaysia. Each of the Parties subsequently submitted a Memorial, a Counter-Memorial and a Reply as required by the Court. The Court delivered its verdict on 17 December 2002.

    The Court comprised of seventeen judges. They included the President, Guilbert Guillaume, the Vice-President, Shi, and Judges Shigeru Oda, Ranjeva, Herczegh, Fleischhauer, Koroma, Vereshchetin, Higgins, Parra- Aranguren, Kooijmans, Rezek, Al-Khasawneh, Buergenthal and Elaraby; and Judges ad hoc Christopher Weeramantry and Thomas Franck. The Registrar was Philippe Couvreur. Since the Court did not include any judge of the nationality of either of the Parties, each Party proceeded to choose a judge ad hoc to sit on the case: Indonesia chose Mr Mohamed Shahabuddeen and Malaysia Mr Christopher Gregory Weeramantry of Sri Lanka. Mr Shahabuddeen later resigned, and Indonesia chose Mr Thomas Franck of the United States to replace him. Public hearings were held from 3 to 12 June 2002.1 At the Oral Presentation held from 3 to 12 June 2002, the two sides advanced the following submissions to support their claims to the two islands.

    On behalf of the Government of Indonesia:

    On the basis of the facts and legal considerations presented in Indonesia's written pleadings and its oral presentation, the Government of the Republic of Indonesia respectfully requests the Court to adjudge and declare that:

    (i) Sovereignty over Pulau Ligitan belongs to the Republic of Indonesia; and

    (ii) Sovereignty over Pulau Sipadan belongs to the Republic of Indonesia

    On behalf of the Government of Malaysia:

    The Government of Malaysia respectfully requests the Court to adjudge, and declare that sovereignty over Pulau Ligitan and Pulau Sipadan belongs to Malaysia.

  • Appendix F - Exchange of Note of 3 July 1907 between Britain and the United States

  • from Appendixes
  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 210-211

  • Summary

    SIR, I have the honor to inform you that His Majesty's Government, acting at the request and on behalf of the British North Borneo Company, are prepared to acquiesce in the last proposal stated in your letter to Sir H.M. Durand of the 19th of December last, respecting the administration of certain islands on the east coast of Borneo. I am therefore instructed by His Majesty's principal secretary of state for foreign affairs to place the proposed arrangement formally on record without further delay.

    His Majesty's Government understands the terms of the arrangement to be as follows:

    Firstly. That the said company be left undisturbed in the administration of the islands in question without any agreement specifying details, the United States Government simply waiving in favour of the said company the right to such administration in the meantime; in other words, that the existing status be continued indefinitely at the pleasure of the two Governments concerned.

    Secondly. That such privilege of administration shall not carry with it in question to extend beyond the temporary occupation of the company; and any grant, concession, or license made by the company shall cease upon the termination of the company's occupation.

    Thirdly. That the temporary waiver of the right of administration on the part of the United States Government shall cover all the islands to the westward and southwestward of the line traced on the map which accompanied Sir H.M. Durand's memorandum of the 23rd of June, 1906, and which is annexed to and to be deemed part of this note.

    Fourthly. That the British North Borneo Company, through His Majesty's Government, shall agree to the exemption of the United States Government from any claim or allegation that the latter Government has incurred any responsibility in respect of acts done in or from any island within the said line.

    Fifthly. That the understanding shall continue until the said two Governments may by treaty delimit the boundary between their respective domains in that quarter or until the expiry of one year from the date when notice of termination be given by either to the other.

  • 7 - The Bases of Malaysia's Claim

  • D. S. Ranjit Singh
  • Book:
    The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
    Published by:
    ISEAS–Yusof Ishak Institute
    Published online:
    25 January 2020
    Print publication:
    26 November 2019, pp 144-159

  • Summary

    Introduction

    The gist of Malaysia's case was that Pulau Sipadan and Pulau Ligitan had been under the possession and administration of its predecessors in title, the British North Borneo Company (BNBC) and Great Britain and itself, in an uninterrupted manner for a long time, since 1878 in fact. In addition, Malaysia claimed that it had acquired sovereignty over the two islands as a result of a series of treaties and engagements made since 1878 with various States and Parties who had jurisdiction in the area. The Netherlands did not challenge or contest these transactions which were open and public at the material time. In fact, the Indonesian claim to the islands which arose in 1969, was never advanced by the Netherlands.

    Malaysia then went on to stress the point that even if the issue of transactions with other powers in the region was removed from its arguments, the long and uninterrupted possession and administration of the two islands in question would be sufficient enough to prove its sovereignty over them. The Memorial of Malaysia, vol. 1 elaborated this point as follows:

    But in any event, even if—hypothetically—those transactions had never occurred, the fact of long and peaceful possession and administration dating as long ago as 1878 and unchallenged by any opposing conduct of Indonesia or its predecessor in title, the Netherlands, must be decisive. That fact, even if it stood alone, would be quite sufficient basis for upholding Malaysia's sovereignty over the islands as against Indonesia.

    Indonesia's claim, on the other hand, Malaysia contended, relied almost entirely on the interpretation of Article IV of the Boundary Convention of 1891 and an internal map published in the same year after the conclusion of the said Convention. Malaysia rejected the interpretation advanced by Indonesia pertaining to Article IV of the Boundary Convention of 1891 and the arguments relating to the internal Dutch Map (the Explanatory Memorandum Map of 1891). Under the circumstances, Malaysia submitted that there were only two issues for the International Court of Justice (ICJ) to consider which were as follows:

  • i. The confirmation of Malaysia's sovereignty over the two islands based upon long and effective possession and administration, and on treaties with other interested States [Spain and the United States]; and

  • ii. The rejection of Indonesia's claim based upon its interpretation of the Boundary Convention of 1891 and the internal Dutch Map.

Page 1 of 29