The role of International Court of Justice (ICJ) in settling territorial dispute of Pedra Branca/Pulau Batu Puteh, Middle Rocks, and South Ledge between Singapore and Malaysia: the period of 1994-2008 = Peran Mahkamah Internasional dalam menyelesaikan pe
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Institusion
Universitas Pelita Harapan
Author
Santoso, Victor Ivan
Subject
JZ International relations
Datestamp
2021-10-13 07:44:14
Abstract :
International conflict is an inevitable aspect of international relations. Territorial dispute is a part of that, and is heavily connected to the sovereignty and territorial integrity of the state. This is more or less the case with Pedra Branca/Pulau Batu Puteh, Middle Rocks, and South Ledge. The position of Pedra Branca/Pulau Batu Puteh made the island a serious navigational hazard on an important international trade route. Middle Rocks and South Ledge were also disputed along with Pedra Branca/Pulau Batu Puteh as all the three islands are close by. These three islands were disputed between Singapore and Malaysia since the location of the islands is nearby the territorial waters of both countries. As the dispute could not be settled bilaterally, Singapore and Malaysia agreed to refer the dispute to the International Court of Justice (ICJ). ICJ as an international organization could resolve the dispute and provide a decisive and binding judgment based on international law. Its jurisdiction is carefully defined in order to preserve the sovereignty of the states who are involved in the disputes. Through the mediation of ICJ, Singapore and Malaysia are able to settle this dispute peacefully. The collection of data is collected through the method of examination of documents from different sources, mostly literary works and publications from official sources. The data gathered is in the form of qualitative data. In this qualitative data research, an analysis of data is done by using an analytic framework of theory and linked concepts in order to understand the case. From the research, various historical and legal factors of this dispute can be explored. Moreover, various factors and reasons behind ICJ?s judgment can be analyzed for the purpose of explaining the role of ICJ in resolving this dispute.
International conflict is an inevitable aspect of international relations. Territorial dispute is a part of that, and is heavily connected to the sovereignty and territorial integrity of the state. This is more or less the case with Pedra Branca/Pulau Batu Puteh, Middle Rocks, and South Ledge. The position of Pedra Branca/Pulau Batu Puteh made the island a serious navigational hazard on an important international trade route. Middle Rocks and South Ledge were also disputed along with Pedra Branca/Pulau Batu Puteh as all the three islands are close by. These three islands were disputed between Singapore and Malaysia since the location of the islands is nearby the territorial waters of both countries. As the dispute could not be settled bilaterally, Singapore and Malaysia agreed to refer the dispute to the International Court of Justice (ICJ). ICJ as an international organization could resolve the dispute and provide a decisive and binding judgment based on international law. Its jurisdiction is carefully defined in order to preserve the sovereignty of the states who are involved in the disputes. Through the mediation of ICJ, Singapore and Malaysia are able to settle this dispute peacefully. The collection of data is collected through the method of examination of documents from different sources, mostly literary works and publications from official sources. The data gathered is in the form of qualitative data. In this qualitative data research, an analysis of data is done by using an analytic framework of theory and linked concepts in order to understand the case. From the research, various historical and legal factors of this dispute can be explored. Moreover, various factors and reasons behind ICJ?s judgment can be analyzed for the purpose of explaining the role of ICJ in resolving this dispute.
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