Analysis and Reflections on Case Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge

Abstract

The judgment of the International Court of Justice over the dispute between Malaysia and Singapore concerning Pedra Branca offers quite different insights into general aspects of the rules governing the acquisition of territorial sovereignty in international law. The Court concluded in the case that at a typical time Johor understood that it did not have sovereignty over Pedra Branca and that the authorities in Singapore had no reason to doubt that the United Kingdom had sovereignty over the island, and the conduct of Singapore and its predecessors à titre de souverain afterwards, taken together with the conduct of Malaysia and its predecessors including their failure to respond to the conduct of Singapore and its predecessors reflects the pass of sovereignty. In this case, instead of weighing which is the stronger title, the Court emphasized the importance of consent in the field of territorial change and for the notions of abandonment and acquiescence as the legal foundations of this transfer of sovereignty. Based on the analysis on this case, some countries which face similar territorial disputes could acquire inspiration.