Malaysia's case

The Straits Times, November 8, 2007

MALAYSIA'S claim to Pedra Branca, which it calls Pulau Batu Puteh, is based on an argument that the islet was part of the Johor-Riau Lingga Sultanate before 1824.

In written pleadings submitted earlier to the court, it wrote that Pedra Branca was 'part of the Malay world' as its waters were fished by Malay fishermen, Malay ship captains used it for navigational purposes and it was on almost every map.

It also cites the 1847 Anglo-Brunei treaty concerning Labuan, an island off Borneo, which ceded a 10-mile territorial sea. From that, Malaysia surmises that all islands within 10 miles of peninsular Johor belonged to it.

Pedra Branca lies about eight nautical miles from the Malaysian coast and 25 nautical miles from Singapore.

Malaysia's case is that after 1824, the islet passed to the Federation of Malaya through a chain of succession.

It argues that the succession proceeded through the 1824 Anglo-Dutch Treaty, which split the region into British and Dutch spheres of influence. This treaty also, it claims, divided the Johor-Riau Lingga Sultanate into two entities - one north and the other south of the Singapore Strait.

After the split, Pedra Branca, it says, became part of the northern entity, that is, the State of Johor. Pedra Branca became part of Malaysian territory when Johor joined the Federation of Malaya in 1957.

Malaysia also lays claim to Middle Rocks and South Ledge - two maritime features to the south of football field-size Pedra Branca and which are even smaller than it.

The International Court of Justice is to decide sovereignty over these two features as well as Pedra Branca.

Unlike Singapore, which argues that whoever owns Pedra Branca also owns these two rock formations, Malaysia's stand is that these two features are separate and distinct.

It says Singapore is simply trying to enlarge its territory as much as possible by claiming them.