Proceedings of the 21st International Academic Conference, Miami

A CASE STUDY OVER THE CONCEPT OF “EFFECTIVITÉS” TO DECIDE SOVEREIGNTY OVER DISPUTED ISLANDS: MALAYSIA/SINGAPOR

FARUK GUNAL

Abstract:

The International Court of Justice (ICJ) announced its verdict on a territorial dispute between Singapore and Malaysia on 23 May 2008, involving the three marine features of Pedra Branca/Pulau Batu Puteh, Middle Rocks, and South Ledge. Consequently, Pedra Branca/Pulau Batu Puteh awarded to Singapore and Middle Rocks to Malaysia. The Court found that sovereignty over South Ledge belongs to the State in the territorial waters of which it is located. In this Case, the ICJ decided by following a specific method; first, it described the geographical context, and next gave an overview of the complex historical background, then examined the positions of the Parties, legal status of the islands and applicable law, finally took the conduct of the Parties into consideration for the purpose of assessing and validating effectivités. Effectivités of the Parties seem to be decisive and have a direct effect on the verdict in this Case. This study shows that some categories of effectivités are legally significant and demonstrate à titre de souverain, but some are not. Additionally, it points out that not to protest the opponent’s activities with respect to the maritime features in dispute is seen as “implied recognition” by the Court.

Keywords: Effectivités, Disputed Island, Sovereignty, International Court of Justice, Malaysia/Singapore Case, Pedra Branca/Pulau Batu Puteh

DOI: 10.20472/IAC.2016.021.012

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