Malaysia to reclaim Pedra Branca?

Will Malaysia or Singapore win in the court tussle over a overlapping claim for an islet the size of a football field in the South China Sea?

Both governments are crossing swords at the International Court of Justice in The Hague in the Netherlands to settle ownership of Pedra Branca (its name to Singapore) or Pulau Batu Putih (according to Malaysia).

So far, media of the the two countries, which used to be one nation briefly in the 1960s, have backed their political masters. Malaysia's The Star cited the Foreign Minister as saying that the team was the one Malaysia sent to handle the sovereignty dispute over Pulau Sipadan and Pulau Ligitan which Malaysia won over Indonesia. Malaysia's New Straits Times reiterated the country's stand that Malaysia was not making a claim over the island as it was always part of her territory.

Singapore's The Straits Times said Singapore has exercised sovereignty and administered the island since the 1840s, when the British colonial government built the Horsburgh Lighthouse there.

And Singapore is likely to depend on similar arguments used by Malaysia in its successful claim over Indonesia in the fight for Sipadan and Ligatan, two islands to the east of Borneo, five years ago. Malaysia won because it had effectively exercised state functions over the two islands. These actions ranged from building lighthouses to regulating the collection of turtle eggs, according to ST. Hmmm, now I understand why people collect turtle eggs! :-)

Similarly, ST pointed out that Singapore has built other facilities, including a water desalination plant and a helicopter pad on Pedra Branca/Pulau Batu Putih.

Many people would probably think that Singapore will win this round, based on the general concept of adverse possession.

But Sophie's World takes a different view on this. Although Singapore and its former colonial master had exercised control of the islet for more than a century, the situation is not so straight forward in the case of Malaysia and Singapore.

For a start, the little rock is nearer to Malaysia. It sounds reasonable for Malaysia to say that it didn't make any claim on the island earlier because it has always regarded it as part of Malaysia.

Second, Singapura was once part of the Malay sultanate. The old Singapore was given away to the British by the Johor sultanate for a song. Hence, one can argue that the Johor Sultan transferred ownership of Singapore but not Pulau Batu Putih to the British.

Sophie's World is betting on Malaysia emerging triumphant in the tussle for Pedra Branca.


Related posting: Singapore, Malaysia going to court again?