Author: R. Haller-Trost
Sovereignty over the "white rock" of Pulau Batu Puteh/Pedra Branca is disputed between Malaysia and Singapore. Situated at the eastern entrance of the Strait of Singapore, its significance is primarily strategic, although it also has an impact on the delimitation of territorial sea boundaries in the area. Singapore's claim is based primarily on an Anglo-Dutch treaty of 1824 and the fact that the authorities in Singapore have maintained a lighthouse on the rock since 1851. However, Malaysia argues that it has exercised sovereignty over Pulau Batu Puteh since the foundation of the Johore-Riau-Lingga Sultanate in the early 16th century. This detailed Briefing examines the competing claims of Malaysia and Singapore from a historical and legal perspective. Analysing relevant documents and state practice, the author concludes that Singapore has the stronger case but emphasises that the dispute is a complex one whose resolution will require careful political as well as legal judgement.
The argument put forward by the author will be of particular interest considering that Malaysia and Singapore have recently taken their dispute over Pulau Batu Puteh to the International Court of Justice in 2003.
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