KL argues that the treaty which ceded Singapore to the British contradicts Republic's claim to the island
The Straits Times, November 15, 2007
By Lydia Lim, Senior Political Correspondent
MALAYSIA'S TEAM: (Front row, from left) international counsel Sir Elihu Lauterpacht, Attorney-General Tan Sri Abdul Gani Patail, Ambassador to the Netherlands Noor Farida Ariffin and Foreign Affairs Adviser to the Prime Minister Abdul Kadir Mohamad; and (back row from left) counsel Marcelo Kohen and international counsel James Crawford.
THE HAGUE (NETHERLANDS) - MALAYSIA yesterday launched its second day of oral pleadings on Pedra Branca with a lengthy rebuttal of Singapore's stand that the island belonged to no one when the British took possession of it in 1847.
Its international counsel James Crawford said the Republic's stand was 'flatly contradicted' by the very treaty that resulted in Johor ceding Singapore to the British in 1824.
That 1824 pact is known as the Crawfurd Treaty.
It stated that the area ceded by Johor to the British crown included the main island of Singapore as well as all the 'adjacent seas, straits and islets, to the extent of 10 geographical miles' from it.
Prof Crawford said the treaty showed Britain acknowledged the Johor sultanate's sovereignty over islands - both inhabited and uninhabited - within a 10-mile radius of Singapore.
Based on this, he argued that Singapore's stand that Pedra Branca was terra nullius - that is it belonged to no one - was untenable.
The disputed island, which Malaysia calls Pulau Batu Puteh, is but 7.7 miles off the coast of peninsula Johor, he said, and argued that it had clearly been part of the sultanate's territory.
Singapore and Malaysia are appearing before the International Court of Justice here to resolve their dispute over the sovereignty of Pedra Branca, an island 40km east of Singapore, standing at the eastern entrance of the Singapore Strait.
Singapore, which completed its first round of oral pleadings last week, argued that Pedra Branca was terra nullius in 1847 when the British took lawful possession of it to build a lighthouse there.
The British crown and later Singapore confirmed and maintained their title through a range of activities which were an open, continuous and effective display of state authority over Pedra Branca for more than 150 years, it said.
Singapore also pointed out that Malaysia had failed to produce clear and specific evidence of Johor's title to Pedra Branca.
On the Crawfurd Treaty, its international counsel Alain Pellet said last week that the treaty's description of the area ceded to Britain should not be taken literally.
He said the islands within 10 miles of Singapore included part of Batam.
But the treaty could not have covered Batam, Prof Pellet said, as Batam belonged not to the Sultan of Johor based in Singapore, but to the Riau sultanate.
He argued that the Crawfurd Treaty thus could not have meant all the islands within 10 miles of Singapore, but only those belonging to the Johor sultanate.
Yesterday, Malaysia also sought to drive home its argument that the Johor rulers gave the British permission to build Horsburgh Lighthouse on Pedra Branca.
Its counsel Marcelo Kohen dwelt at length on two 1844 letters from the Temenggong and Sultan of Johor to Governor Butterworth of Singapore, which he said proved Malaysia's case.
In the letters, the Johor rulers said they were aware of Britain's desire to build a lighthouse near Point Romania and told the British they were at full liberty to do so 'there or any spot deemed eligible'.
Point Romania is a place on the Johor mainland in the vicinity of Pedra Branca.
Prof Kohen took pains to argue that the area referred to by the two Johor rulers in their letters must have included Pedra Branca.
Among the historical writings from which he quoted was one by Mr J.T. Thomson, who built Horsburgh Lighthouse, describing Point Romania as the point on the mainland closest to Pedra Branca.
Singapore's argument is that, at the time of the exchange of letters between Governor Butterworth and the two Johor rulers, the British planned to build a lighthouse on Peak Rock, not Pedra Branca.
The permission that was sought and granted thus related to Peak Rock, in the Romania group of islands, and not Pedra Branca.
Malaysia continues its oral pleadings today.
The Straits Times, November 15, 2007
By Lydia Lim, Senior Political Correspondent
MALAYSIA'S TEAM: (Front row, from left) international counsel Sir Elihu Lauterpacht, Attorney-General Tan Sri Abdul Gani Patail, Ambassador to the Netherlands Noor Farida Ariffin and Foreign Affairs Adviser to the Prime Minister Abdul Kadir Mohamad; and (back row from left) counsel Marcelo Kohen and international counsel James Crawford.THE HAGUE (NETHERLANDS) - MALAYSIA yesterday launched its second day of oral pleadings on Pedra Branca with a lengthy rebuttal of Singapore's stand that the island belonged to no one when the British took possession of it in 1847.
Its international counsel James Crawford said the Republic's stand was 'flatly contradicted' by the very treaty that resulted in Johor ceding Singapore to the British in 1824.
That 1824 pact is known as the Crawfurd Treaty.
It stated that the area ceded by Johor to the British crown included the main island of Singapore as well as all the 'adjacent seas, straits and islets, to the extent of 10 geographical miles' from it.
Prof Crawford said the treaty showed Britain acknowledged the Johor sultanate's sovereignty over islands - both inhabited and uninhabited - within a 10-mile radius of Singapore.
Based on this, he argued that Singapore's stand that Pedra Branca was terra nullius - that is it belonged to no one - was untenable.
The disputed island, which Malaysia calls Pulau Batu Puteh, is but 7.7 miles off the coast of peninsula Johor, he said, and argued that it had clearly been part of the sultanate's territory.
Singapore and Malaysia are appearing before the International Court of Justice here to resolve their dispute over the sovereignty of Pedra Branca, an island 40km east of Singapore, standing at the eastern entrance of the Singapore Strait.
Singapore, which completed its first round of oral pleadings last week, argued that Pedra Branca was terra nullius in 1847 when the British took lawful possession of it to build a lighthouse there.
The British crown and later Singapore confirmed and maintained their title through a range of activities which were an open, continuous and effective display of state authority over Pedra Branca for more than 150 years, it said.
Singapore also pointed out that Malaysia had failed to produce clear and specific evidence of Johor's title to Pedra Branca.
On the Crawfurd Treaty, its international counsel Alain Pellet said last week that the treaty's description of the area ceded to Britain should not be taken literally.
He said the islands within 10 miles of Singapore included part of Batam.
But the treaty could not have covered Batam, Prof Pellet said, as Batam belonged not to the Sultan of Johor based in Singapore, but to the Riau sultanate.
He argued that the Crawfurd Treaty thus could not have meant all the islands within 10 miles of Singapore, but only those belonging to the Johor sultanate.
Yesterday, Malaysia also sought to drive home its argument that the Johor rulers gave the British permission to build Horsburgh Lighthouse on Pedra Branca.
Its counsel Marcelo Kohen dwelt at length on two 1844 letters from the Temenggong and Sultan of Johor to Governor Butterworth of Singapore, which he said proved Malaysia's case.
In the letters, the Johor rulers said they were aware of Britain's desire to build a lighthouse near Point Romania and told the British they were at full liberty to do so 'there or any spot deemed eligible'.
Point Romania is a place on the Johor mainland in the vicinity of Pedra Branca.
Prof Kohen took pains to argue that the area referred to by the two Johor rulers in their letters must have included Pedra Branca.
Among the historical writings from which he quoted was one by Mr J.T. Thomson, who built Horsburgh Lighthouse, describing Point Romania as the point on the mainland closest to Pedra Branca.
Singapore's argument is that, at the time of the exchange of letters between Governor Butterworth and the two Johor rulers, the British planned to build a lighthouse on Peak Rock, not Pedra Branca.
The permission that was sought and granted thus related to Peak Rock, in the Romania group of islands, and not Pedra Branca.
Malaysia continues its oral pleadings today.
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