THE CONSTITUTIONAL POSITION OF CONTINENTAL SHELF IN MALAYSIA

Abstract

The Malay states remain sovereign from the pre-Federation of Malaya in 1957 until today. They acquired external sovereignty in the form of international recognition. International law recognizes the continental shelf of a coastal state vis-a-vis Malaysia, a federation that comprises a few coastal states. A local issue close to this subject is the Malay States’ right in the Federation of Malaysia over petroleum production within the continental shelf adjacent to their territorial waters. Hence, this paper examines a Malay State's rights over Malaysia's Continental shelf territory. This study is a legal analysis using a case study design promoting the method of watanic jurisprudence. Therefore, the Federal Constitution, UNCLOS, the Continental Shelf Act 1966, and the Territorial Sea Act 2012 were analyzed to answer many related issues beforehand. This paper found that the territorial waters of the Malay States cannot be limited to 3 nautical miles from the low tide line in pursuance of the Territorial Sea Act 2012 without strict compliance with Article 2 of the Federal Constitution. The legitimacy of the territorial limits of the Malay States' waters is essential as it determines the Malay States' rights to the Continental shelf and its petroleum production.