Sabah disputes : Is there a legal solution for Sabah?

• Main Author: Mohd Syahmi Daim, Abdullah
• Format: Thesis
• Language: English; English
• Published: 2014
• Subjects: KZ Law of Nations
• Online Access: https://etd.uum.edu.my/4198/1/s813792.pdf; https://etd.uum.edu.my/4198/2/s813792_abstract.pdf; https://etd.uum.edu.my/4198/

Sabah is part of the component states of Malaysia since its merger with the Federation of Malaysia on September 16, 1963; however the rule of independent choices by the people of Sabah were ignored and its sovereignty is still disputed by the Philippines. There is also an issue of cession money paid by the Malaysian government until today despite the fact that the Deed of 1878 has long been enacted during the British colonial era. Situation worsened as a result of incursion of the Sultanate of Sulu in Lahad Datu in March 2013, which may be seen as a form of use of force to claim over Sabah leading to bloodshed and severe adverse impact. A legal solution on the future determination of Sabah was rarely discussed although it is very much relevant in order to achieve settlement on disputes that have long occurred between the Philippines and Malaysia. This paper will access the validity of ‘self-determination’ by the peoples of Sabah and analyze the issue of ‘cession money’ from the legal point of view through the principles of International Law and other related legal provision. Solution through the International Court of Justice (ICJ) is deems necessary in order to obtain a final decision which will bind both parties and indirectly bring new hope to the future of Sabah.