Malaysia’s government plans to formally protest the Philippines’ recent enactment of two maritime laws, which it believes usurp territory in the eastern Malaysian state of Sabah, a region bordering the South China Sea. Deputy Foreign Minister Mohamad Alamin announced that the government had reviewed the new Philippine legislation and found it encroaches upon areas outlined in Malaysia’s 1979 maritime boundary map, which serves as the foundation for Kuala Lumpur’s sea claims.
President Ferdinand Marcos Jr. signed the Philippine Archipelagic Sea Lanes Act and the Philippine Maritime Zones Act into law, emphasizing their aim to bolster governance, economic development, and national security against increasing Chinese presence in claimed Philippine waters. Alamin stated that Malaysia will send a protest note asserting its commitment to Sabah’s sovereignty, noting that these Philippine laws conflict with Malaysia’s internationally recognized maritime boundaries.
The Sabah dispute, a longstanding issue, dates back to the 1963 establishment of Malaysia when Sabah joined the federation. The Philippines has maintained its claim since 1962, citing historical ties to the defunct Sultanate of Sulu, which once governed parts of Sabah. This territorial claim has triggered diplomatic tensions, including a brief break in relations post-1963 as President Ferdinand E. Marcos contemplated military action to reclaim the region.
The issue resurfaced dramatically in 2013 when over 235 armed Filipino militants, led by the self-proclaimed Sultan Jamalul Kiram III, invaded Sabah, resulting in a deadly conflict with Malaysian forces. Over the years, both nations have made assertions regarding their maritime boundaries in the South China Sea, often reigniting discussions on the Sabah issue. Malaysia has also made submissions to the United Nations related to its territorial claims, which the Philippines contested, arguing that Malaysia’s claims infringe upon areas they consider sovereign.
In a peculiar legal twist, the heirs of Jamalul Kiram II successfully obtained a French court ruling mandating Malaysia to pay approximately $15 billion in compensation related to a historical agreement from 1878. However, a recent decision from France’s Cour de Cassation rejected enforcement of this award, deeming it void.
Despite the potential for heightened tensions due to these maritime disputes, analysts suggest that significant confrontations are unlikely unless the Philippines actively pursues its claims. Shahriman Lockman from the Institute of Strategic and International Studies remarked that current developments may be more of an irritant than an escalatory issue.
Interestingly, China has also voiced opposition to the Philippines’ new laws, claiming that they encroach on areas China contends as its own, urging the Philippines to respect China’s territorial rights. This backdrop of competing claims and international pressures illustrates the complexity of the regional geopolitical landscape surrounding Sabah and the South China Sea.
