The case concerning sovereignty over Pulau Ligitan and Pulau Sipadan

Abstract

The 33 years dispute between Indonesia and Malaysia concerning sovereignty of Pulau Sipadan and Pulau Ligitan in the Celebes Sea, off the north-east coast of the Island of Borneo was finally settled in December 2002 with the ICJ deciding with sixteen votes to one in favour of Malaysia. Although much had been written about this historic decision in the mainstream media, many do not fully comprehend the legal reasoning behind it. This paper attempts to explain the sources of international law and the legal principles used and applied by the ICJ in reaching this decision and the mechanics of treaties and customary international law behind it to enlighten the general public on the laws of territorial sovereignty. The paper will be divided into three parts namely - - the historical background of the dispute, - the bases of the parties' claims and arguments, • - the mechanics of the international laws of succession and territorial sovereignty operating throughout - the relevant periods. With the case of the Pulau Batu Puteh (Pedra Branca) between Malaysia and Singapore being deliberated by the ICJ at the moment (April 2008), and a decision of which is expected in May/June 2008, this paper is hoped to be able to serve as a starting point in a study to compare and contrast the reasoning behind both ICJ decisions.