Decisions of international tribunals: the international court of justice. II. Sovereignty over Palau Ligitan and Pulau Sipadan (Indonesia v Malaysia): The Philippines' Intervention

摘要

On 23 October 2001 the International Court rejected an Application by the Philippines to intervene in a case between Indonesia and Malaysia involving sovereignty over two small islands. The islands in question, Ligatan and Sipadan, are located in the South China Sea and are not themselves the Philippines' concern. Rather, its interest in the dispute stems from the claim of the Philippines to sovereignty over the adjacent territory of North Borneo which it considered might be affected by the Court's ruling on the islands' ownership. Consequently, when Indonesia and Malaysia referred their dispute to the Court in 1998 on the basis of a Special Agreement, the Philippines, after some delay, filed an Application to intervene in the case under Article 62 of the Statute. In accordance with Article 83(1) of the Rules of Court the Application was immediately communicated to Indonesia and Malaysia who in written replies indicated that they were opposed to it on various grounds. To decide whether the Application should be granted the Court therefore held public sittings in June 2001 to hear the arguments of the three States and four months later gave the judgment to which this note relates.