AN INTER-STATE MARITIME TERRITORIAL CONFLICT: A STUDY ON MALAYSIA’S CONFLICT RESOLUTION THROUGH PEACEFUL MEANS

Abstract

Inter-state maritime territorial disputes have always long been
amongst contentious issues among the littoral states in the ASEAN region. Failure
to judicially manage such disputes may lead to uncertainty-creating the
possibilities of escalating into open inter-state war. Without border settlement,
claimant states have to spend substantially for military and security resources to
protect their interests in the contested maritime areas, rather than developing the
economic resources of the areas. Any armed conflict not only costs human life but
also adversely affects maritime enforcement cooperation and diplomatic relations
of the claimant states, and the overall economic growth in the region. Thus,
Malaysia taking into account on the adverse impact of unresolved maritime
disputes, has successfully and peacefully resolved several of its maritime
territorial disputes with its neighboring States, albeit some of the ongoing
unresolved territorial disputes (e.g. Pedra Branca island and Spratly islands).
These resolutions are achieved either through diplomatic channel or by mutual
agreement with other claimant State to refer the dispute to the International
Court of Justice for adjudication. Therefore, the paper’s general purpose is to
review Malaysia’s conflict resolution through its peaceful approach in resolving the
country’s various inter-state maritime territorial disputes. Specifically, the paper
will analyze the diplomatic, legal and other peaceful approaches utilized by the
Malaysian government to resolve these disputes, particularly involving its
neighboring states, Singapore, Indonesia and Thailand.
Keywords: maritime territorial dispute, Malaysia’s conflict resolution, conflict management, joint
development, diplomatic negotiation and adjudication.