The practical implications of unresolved maritime boundaries: Special reference to the Malaysian position

• Main Author: Mon, Su Wai
• Format: Article
• Published: McFarland and Company, Inc 2022
• Subjects: JA Political science (General); JX International law
• Online Access: http://eprints.um.edu.my/43811/; https://doi.org/10.2307/JTMS.9.1.74

Purpose—Boundary disputes, whether terrestrial or maritime, involve the issue of State sovereignty or territorial integrity, the core interest of the nation. There is a range of consequences if the disputed parties are unable to reach an agreement to settle the claims, such as denial of nations’ access to disputed areas, depriving nations’ interests over marine resources as well as creating tensions between them and limitations in performing law enforcement activities. This paper argues that the existing unsettled maritime boundary disputes constitute a threat to sustainable maritime security in Malaysia. Design, Methodology, Approach—The existing maritime boundary disputes involving Malaysia are thoroughly identified and the implications of undefined maritime boundaries are examined, including jurisdictional lacunae and maritime security concerns. Findings—Sustaining a nation’s maritime security by means of effective law enforcement against various threats is essential. Unsettled maritime boundary disputes create grey areas in claim jurisdiction and eventually lead to the ineffective maritime law enforcement. Realizing practical and existing challenges stemming from the unsettled boundary disputes is essential to stimulate motivation of the countries to beef up negotiation efforts aiming for the peaceful settlements with counter-claimants. Practical Implications—Malaysia is a maritime nation with a lengthy coastline and it has ongoing maritime boundary issues with its neighboring countries although some of them have been settled successfully by means of agreements. Malaysia is sharing actual and perceived maritime boundaries with Brunei, Indonesia, Singapore, Thailand and Vietnam. This study encourages Malaysia to actively participate in negotiation processes to reach mutual agreements with any counter-claimants as part of an effort to ensure maritime security in Malaysia. Originality, Value—This study provides the nexus between unsolved maritime boundaries and the sustainable maritime security with reference to the Malaysian position. © The Authors.