This paper looks at the latest maritime boundary dispute between Malaysia and Singapore and examines the salient issues and means of dispute settlement mechanisms open to both in resolving this quagmire. With Singapore submitting its declaration pursuant to Article 298 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982) on 12th December 2018 is not accepting any of the procedures provided for in Section 2 of Part XV of UNCLOS 1982, this effectively means that resort to adjudicative tribunals as per the said Section is now out of the equation, and the only method(s) to pursue now would be via consensual or diplomatic channels. This paper will look at the opportunities lost from this choice made by the government of the Republic of Singapore, but, at the same time will ponder upon the possibilities of resolution of the dispute by bilateral efforts, and possibly the engagement of third parties as provided under Article 33 of the UN Charter, e.g. via the ASEAN dispute settlement mechanism. With Singapore still continuing with massive reclamation works along its coast, while at the same time not recognizing any of the official maps published by the government of Malaysia, and with the change of the diplomatic ambience brought by the new government under Prime Minister Tun Dr. Mahathir Mohamad, the prospect of a definitive resolution seems to be rather grim.
本文着眼于马来西亚和新加坡之间最新的海上边界争端,并探讨了双方在解决这一困境时面临的突出问题和争端解决机制的手段。新加坡于2018年12月12日根据1982年《联合国海洋法公约》第298条提交声明,不接受1982年《联合国海洋法公约》第十五部分第二节规定的任何程序,这实际上意味着根据该节诉诸仲裁庭的办法已经不可能了,现在唯一的办法将是通过协商一致或外交渠道。本文将着眼于新加坡共和国政府的这一选择所失去的机会,但与此同时,将思考通过双边努力解决争端的可能性,以及根据联合国宪章第33条规定的第三方参与的可能性,例如通过东盟争端解决机制。新加坡仍在沿海进行大规模填海工程,同时又不承认马来西亚政府发布的任何官方地图,再加上首相敦马哈蒂尔·穆罕默德(Tun Dr. Mahathir Mohamad)领导的新政府改变了外交氛围,达成最终解决方案的前景似乎相当黯淡。
{"title":"Malaysia-Singapore Maritime Boundary Dispute: Salient Issues, Prospects and Challenges","authors":"W. S. R. W. Jaffri","doi":"10.22452/MJIR.VOL6NO1.8","DOIUrl":"https://doi.org/10.22452/MJIR.VOL6NO1.8","url":null,"abstract":"This paper looks at the latest maritime boundary dispute between Malaysia and Singapore and examines the salient issues and means of dispute settlement mechanisms open to both in resolving this quagmire. With Singapore submitting its declaration pursuant to Article 298 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982) on 12th December 2018 is not accepting any of the procedures provided for in Section 2 of Part XV of UNCLOS 1982, this effectively means that resort to adjudicative tribunals as per the said Section is now out of the equation, and the only method(s) to pursue now would be via consensual or diplomatic channels. This paper will look at the opportunities lost from this choice made by the government of the Republic of Singapore, but, at the same time will ponder upon the possibilities of resolution of the dispute by bilateral efforts, and possibly the engagement of third parties as provided under Article 33 of the UN Charter, e.g. via the ASEAN dispute settlement mechanism. With Singapore still continuing with massive reclamation works along its coast, while at the same time not recognizing any of the official maps published by the government of Malaysia, and with the change of the diplomatic ambience brought by the new government under Prime Minister Tun Dr. Mahathir Mohamad, the prospect of a definitive resolution seems to be rather grim.","PeriodicalId":33531,"journal":{"name":"Malaysian Journal of International Relations","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45955847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research seeks to find out the ambition behind the United States's aggressiveness towards China by providing tariff and non-tariff policy to cause a trade war. This research is qualitative research, because it seeks to explain the reasons possessed by the United States in order to provide tariff and non tariff barriers to China. The time span used for this research is from December 2017 to September 2019. This research uses library research for data collection through books, journals, and search engines. The data analysis technique used in this paper is congruent analysis. After going through the research process, the researcher found the answer that the United States wanted to gain hegemony over China by providing tariff and non-tariff policies that caused trade war
{"title":"Chinese Soft Power Approaches towards Pakistan: An Analysis of Socio, Economic and Political Impacts","authors":"Mehmood Hussain, Sumara Mehmood","doi":"10.22452/MJIR.VOL6NO1.5","DOIUrl":"https://doi.org/10.22452/MJIR.VOL6NO1.5","url":null,"abstract":"This research seeks to find out the ambition behind the United States's aggressiveness towards China by providing tariff and non-tariff policy to cause a trade war. This research is qualitative research, because it seeks to explain the reasons possessed by the United States in order to provide tariff and non tariff barriers to China. The time span used for this research is from December 2017 to September 2019. This research uses library research for data collection through books, journals, and search engines. The data analysis technique used in this paper is congruent analysis. After going through the research process, the researcher found the answer that the United States wanted to gain hegemony over China by providing tariff and non-tariff policies that caused trade war","PeriodicalId":33531,"journal":{"name":"Malaysian Journal of International Relations","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45812215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"Statement by Y.A.B. Prime Minister of Malaysia Tun Dr. Mahathir Bin Mohamad at the General Debate of the 73rd Session of the United Nations General Assembly (UNGA) 28 September 2018, New York","authors":"Tun Dr. Mahathir Mohamad","doi":"10.22452/MJIR.VOL6NO1.2","DOIUrl":"https://doi.org/10.22452/MJIR.VOL6NO1.2","url":null,"abstract":"The abstract is not available. To access, please order the printed version or browse the electronic version of this article.","PeriodicalId":33531,"journal":{"name":"Malaysian Journal of International Relations","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45152438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}