Book Review: The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands: Historical Antecedents and the International Court of Justice Judgment, Singapore

摘要

Intractable, long-standing, unresolved disputes over maritime borders and sovereignty between Malaysia and Indonesia are among the problematic issues responsible for causing unwanted strains and irritants on their bilateral relations. Over the past three decades, these relations have been marred by occasional diplomatic tensions, nationalistic-fuelled public protests, chest-thumping incursions, and even intense naval stand-offs in the disputed maritime waters. Such incidents were notably prevalent during the period when the two littoral States were still embroiled in the contestation over the sovereignty of Sipadan and Ligitan Islands. Universally recognised as the first maritime territorial dispute in Southeast Asia to be submitted to the International Court of Justice (ICJ) for judicial settlement, the dispute over the ownership the two tiny islands in the Celebes Sea off the north-eastern coasts of Borneo had been ongoing since as early as 1969. It was not until 17 December 2002 that the rightful ownership of the islands was finally resolved when the ICJ rendered its judgment that ruled in favour of Malaysia based on the effectivités principle (actual exercise of authority).