On December 12, Singapore filed a declaration under the United Nations Convention on the Law of the Sea (Unclos) aimed at preventing unilateral initiation of third-party arbitration or adjudication regarding maritime boundary disputes with the Republic. This decision is rooted in Singapore’s philosophy that such disputes should primarily be resolved through negotiations. If negotiations fail, Singapore is willing to resort to international dispute resolution, but only on terms mutually agreed upon by involved parties.
This declaration, submitted to the United Nations in New York, addresses ongoing maritime boundary disputes with Malaysia, particularly concerning territorial waters off Tuas. Singapore has notified Malaysia of this declaration, which essentially restricts Unclos signatories from unilaterally commencing arbitration or adjudication against Singapore in maritime matters. The reverse applies; Singapore cannot initiate such actions against other nations without mutual consent.
A spokesperson from Singapore’s Ministry of Foreign Affairs (MFA) emphasized that the best approach to maritime delimitation disputes is through negotiation to achieve an acceptable resolution for all parties involved. If negotiations reach an impasse, Singapore is prepared to engage in international arbitration or adjudication through a mutually agreed framework. This collaborative approach aims to prevent one country from unilaterally escalating a disagreement without prior consensus on critical aspects of the dispute, including the choice of forum and specific issues to address.
The spokesman noted that other countries, including France, Canada, Italy, Spain, Australia, and Thailand, have made similar declarations under Unclos, reinforcing the concept that mutual agreement should govern the commencement of third-party arbitration.
The context of this declaration arises amid a recent incident where Malaysia unilaterally defined extended port limits for Johor Bahru Port, which infringes upon Singapore’s territorial waters. While portions of these waters are yet to be definitively delimited, Singapore has actively patrolled them for several decades. In response, Singapore has extended its port limits and called for Malaysia to withdraw its government vessels from the contested area, seeking a return to pre-existing conditions established before October 25, 2018.
The MFA has indicated that representatives from both Singapore and Malaysia plan to meet in January 2019 to discuss and exchange perspectives concerning the Johor Bahru port limits issue. Singapore expresses hope for a swift and amicable resolution through constructive dialogue, in accordance with international law.
In reaffirming its commitment to uphold international law, Singapore seeks to ensure that any disputes are resolved peacefully and collaboratively, emphasizing the importance of negotiations and mutual consent before engaging in international arbitration or adjudication processes.
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