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 ©The
Straits Times, Singapore (Used by permission)
Singapore and Malaysia's 29-year dispute over the sovereignty of Pedra Branca
draws to a close tomorrow, when the International Court of Justice delivers its
verdict. Yesterday, Ambassador-at-large Tommy Koh laid out four possible
outcomes. Senior Political Correspondent LYDIA LIM reports.
Ruling won't affect ties
'No matter what the outcome is, Singapore remains committed to resolving
disputes through international law and third-party dispute-settlement procedure.
'I am very happy that the two governments have repeatedly said they will accept
and abide by the judgment of the court.
'The two foreign ministers have said that no matter who wins, this will not
affect bilateral relations.
'In fact, the two sides look forward to putting this dispute behind us so that
we can focus on positive cooperation, both bilaterally and multilaterally.'
AMBASSADOR-AT-LARGE TOMMY KOH who, with Deputy Prime Minister S. Jayakumar
and Chief Justice Chan Sek Keong, leads the Singapore delegation to The Hague to
receive the court's judgment
Ruling for Singapore
SINGAPORE claims sovereignty over Pedra Branca on the basis that the British
took lawful possession of the island between 1847 and 1851, when they built
Horsburgh Lighthouse there.
Before that, the island was terra nullius, that is, it belonged to no one,
Singapore had argued before the International Court of Justice (ICJ) in The
Netherlands last November.
Singapore inherited the title to the island from the British colonial
government.
It maintained that title through an open, continuous and effective display of
state authority over the island from the 1850s up to the present, it said.
Those state activities, known in international law as effectivites, went well
beyond the operation of Horsburgh Lighthouse, and included naval patrols in the
waters around Pedra Branca and the control of access to the island.
If the ICJ judges agree, it could result in one of two possible outcomes.
SINGAPORE: PEDRA BRANCA, MIDDLE ROCKS AND SOUTH LEDGE
MALAYSIA: NOTHING
THE court could award sovereignty over Pedra Branca, the Middle Rocks and South
Ledge to Singapore.
That would be 'optimum' for Singapore, Ambassador-at-large Tommy Koh said.
Such an outcome would maintain the status quo. Singapore would then have to
decide how to delimit its territorial sea and exclusive economic zone around
Pedra Branca.
'If these zones overlap with those of our two neighbours (Malaysia and
Indonesia), then we will have to sit down with them to negotiate an agreed
delimitation...and we may have to talk to Malaysia about fishing rights in Pedra
Branca's waters,' he added.
SINGAPORE: PEDRA BRANCA
MALAYSIA: MIDDLE ROCKS AND SOUTH LEDGE
THE court could award sovereignty over Pedra Branca to Singapore and sovereignty
over the Middle Rocks and South Ledge to Malaysia.
Middle Rocks and South Ledge are two maritime features that lie within three
nautical miles of Pedra Branca.
Ambassador Koh said he would regard such a split decision as still 'a good
outcome because the lighthouse is on Pedra Branca and of the three maritime
features, the largest and the most significant is Pedra Branca'.
On the economic importance of Pedra Branca to Singapore, Ambassador Koh noted
that the island is strategically located at the eastern entrance of the Strait
of Singapore.
The Strait is a key channel for international shipping and some 900 ships pass
through it each day.
'Since our port is so important to our livelihood, freedom and safety of
navigation are critical and part of our core national interest,' he said.
Ruling for Malaysia
MALAYSIA claims that the Sultanate of Johor had, since its
establishment in 1512, possessed title to the island, which it calls Pulau Batu
Puteh.
That original title was then passed to the State of Johor and, subsequently, to
the Federation of Malaya, which Johor joined in 1948.
Malaysia also argued that in 1844, the Johor rulers gave the British permission
to build and operate a lighthouse there.
Singapore was merely a lighthouse operator, it argued, and never exercised
sovereignty over the island.
The International Court of Justice (ICJ) could rule in Malaysia's favour in two
ways:
MALAYSIA: PEDRA BRANCA, MIDDLE ROCKS AND SOUTH LEDGE
SINGAPORE: NOTHING
THE court could award sovereignty of Pedra Branca, the Middle Rocks and South
Ledge to Malaysia.
'This, for Singapore, would not be a happy outcome,' Ambassador Tommy Koh said.
He observed that during the oral pleadings before the ICJ last November,
Malaysia told the court that if it was awarded sovereignty over Pedra Branca, it
would allow Singapore to continue operating Horsburgh Lighthouse.
That was a 'seductive' argument, and Malaysia had sought to persuade the court
that it would result in a win-win outcome.
Not so, Ambassador Koh said yesterday, as the status quo is that Singapore
enjoys both property rights to the lighthouse and sovereign rights over the
island.
If Singapore loses sovereignty over Pedra Branca, responsibility for the
island's security would then pass to Malaysia. Singapore would have to withdraw
its maritime police and navy from the area.
However, the Republic of Singapore Air Force's access to the South China Sea
would not be affected.
Its aircraft would still have a right to fly over and transit through the
airspace above Pedra Branca because the Singapore Strait is an international
waterway.
'Singapore's hope is that the judges will remain as judges and good
international lawyers and not be tempted to become good politicians or good
diplomats.
'I hope that they will not be tempted to say: 'Let's go for a win-win solution,'
he added.
MALAYSIA: PEDRA BRANCA
SINGAPORE: MIDDLE ROCKS AND SOUTH LEDGE
THE court could award sovereignty over Pedra Branca to Malaysia and sovereignty
over the Middle Rocks and South Ledge to Singapore.
But such an outcome is 'very unlikely', Ambassador Koh said.
During the oral pleadings last November, Singapore argued that the Middle Rocks
and South Ledge both lie within Pedra Branca's territorial sea.
That means that whoever has sovereignty over Pedra Branca should also have
sovereignty over the two smaller maritime features.
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Circular No 304/2008
