Presentation on theme: "Singapore Malaysia Territorial disputes"— Presentation transcript:
1Singapore Malaysia Territorial disputes By:Chan Wei (06)Lim Zhong Hui(21)4S1
2Disputes between both countries List of disputesa) Territorial disputesLand reclamation at TuasLand reclamation off Pulau Tekong x2Pedra Branca dispute (not covered)b) Other disputes (not covered)Bridge disputeWater dispute
6Pulau Tekong Reclamation In 2005, Singapore wanted to reclaim from waters adjacent to Pulau Tekong in the Straits of Johor.
7In brief: Pulau Tekong(2003) Felt that it had the right to reclaim the land as it was well within her territorial watersSingaporeWorried that reclamation would affect their shipping as they said that the reclamation narrowed the Straits of JohorMalaysia
8Tuas ReclamationThe purpose of this land reclamation was to construct a customs checkpoint for the causeway in the Strait of Johor, between Singapore and Malaysia.
9Tuas Reclamation Case of territorial dispute Arose due to Malaysia’s “Point 20 sliver”
10Point 20 Sliver – S’pore arguments The Point 20 sliver is incompatible with the Point W25 Border Agreement in 1995“Point 20” lies at a point that backtracks abruptly north-east of Point W25Malaysia could not have agreed to Point W25 in 1995 if it had intended to maintain its claim to “Point 20”
12Point 20 Sliver – S’pore arguments Forms an extremely acute triangle of claimed seabedImpossible to construct any coastal configuration that would generate such an extraordinary featureSuspension of worksImpose heavy burden on SingaporeNo benefit whatsoever for Malaysia
13Point 20 Sliver – S’pore arguments Malaysia’s argument lacks the necessary urgencyPoint 20 was reclaimed 23 months prior to the complaintAny urgency should have rose when Singapore first began to implement its published plans to reclaim the Tuas View Extension areaMalaysia’s silence at that time raises questions of acquiescence and estoppelAcquiescence: such neglect to take legal proceedings for such a long time as to imply the abandonment of a right.Estoppel: a bar or impediment preventing a party from asserting a fact or a claim inconsistent with a position that party previously took, either by conduct or words, esp. where a representation has been relied or acted upon by others.
14What next? At the height of the dispute in July 2003: Malaysia claimed that the work off Pulau Tekong was damaging Malaysia's beaches, harming its fisheries, and affecting its shippingMalaysia claimed that the reclamation off Tuas violated its territorial waters
15What next?Both sides appeared before the International Tribunal of the Law of the Seas, which declared on 8th October 2003 that:Singapore could continue its reclamation works at Pulau Tekong and Tuas.Malaysian and Singapore governments signed a Settlement Agreement at the Singapore Foreign Affairs Ministry
16ConclusionsA lump sum of 374,000 Malaysian ringgit was paid to Malaysia as compensation for the fishermen who face losses as a result of the reclamation works. Each fisherman received 5,200 Malaysian ringgit.Singapore reassured Malaysia that the safe and smooth passage of ships would not be adversely affected through Kuala Johor and Calder Harbour after the Pulau Tekong reclamation.Singapore modified the final design of the shoreline of its reclamation at the Pulau Tekong area
17What both sides have to say Singapore:The civil and civilized manner in which we have been able to settle this dispute gives us confidence that our bilateral disputes can be settled in the same way…We have demonstrated … that where there is an impasse, rather than let our bilateral relations be held hostage to the dispute…we can overcome such disputes on the basis of mutual benefit and mutual respect.”- Then Singapore’s Foreign Minister George Yeo
18What both sides have to say Malaysia:"I consider this as a milestone in Malaysia-Singapore relations. ..Despite our initial differences …now we have found that there is nothing impossible if we put our hearts and minds together to find a resolution.”- Then Malaysian Foreign Minister Syed Hamid Albar
22In brief: Saga 2 (2007)In January 2007, Malaysia blamed Singapore’s land reclamation at Pulau Tekong for the flooding in Southern Johor that left 17 people dead.This caused a war of words between both countries for days as temperatures on both sides flared.
23Severity of the flood 17 people died Around 100,000 evacuated Floodwaters more than 4m high1.5 billion ringgit to repair roads and schools and reimburse victimsLosses to agricultural sector totaling more than 140 millionResidents called it the worst flood in memory
24Malaysia’s side View of extremists: View of moderates: The reclamation on Pulau Tekong prevented water from running smoothly to sea in case of heavy rain.In short, Singapore was at fault for the flood in Malaysia.View of moderates:Felt that it was too early to jump to conclusions and that more studies needed to be conducted. Other factors such as extremely high rainfall and tides had to be considered.However, they felt that any reclamation project at river estuaries would definitely have an effect upstreamIn short, Singapore’s reclamation coupled with other factors caused the flood in Malaysia.
25A newspaper article: Some quotes from the China Post: “A Malaysian official has blamed massive land reclamation by Singapore near the Malaysian mainland for the recent flooding”“The reclamation …caused the ...flooding” quoting Johor Chief Minister Abdul Ghani Othman “The reclamation led to the narrowing of the mouth of the Johor river, slowing the discharge of excess rain water into the Johor Straits, Othman said. This led to the river bursting its banks in Kota Tinggi,”
26Singapore’s sideSingapore defended itself from Malaysia’s accusations , saying that all these comments were unfoundedHe added that this was confirmed by technical studies that were conducted BOTH by Malaysia and Singapore
27Another newspaper article Some quotes by Today onlineSingapore has rebutted the claim and even Malaysia's Deputy Prime Minister Najib Razak has distanced himself from his colleague's statement. "There are all sorts of allegations but we can't reach any conclusion unless a thorough technical study is done on the cause of floods in Johor," he said. "The actual cause of the floods is exceptionally heavy rainfall.”Meanwhile Singapore's Ministry of National Development (MND) said in response to media queries: "The comments are unfounded. This is confirmed by the results from the technical studies that were commissioned separately by both the Malaysian government and the Singapore government."
29Surveys Reached the same conclusion as Malaysia Malaysia Study carried out by Malaysia’s Department of Irrigation and Drainage in 2002concluded that there were no appreciable changes to the water levels within the Straits of JohorSingaporeReached the same conclusion as Malaysia3rd party
30Conclusion of the saga Was adamant that it was not at fault SingaporeWas adamant that it was not at faultAgreed that for a technical consultant in a joint studyMalaysiaToned down its stanceDid not really say that Singapore was not at faultInstead, she said that more studies had to be conducted