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S’pore opts for bilateral talks to resolve maritime disputes

SINGAPORE — Amid an ongoing dispute with Malaysia, Singapore has filed a declaration under the United Nations Convention on the Law of the Sea (Unclos) to prevent the unilateral commencement — by Singapore or any other country — of third party arbitration or adjudication on disagreement over maritime boundaries.

The Singapore Government said that ships from Malaysia, including vessels from the Malaysian Maritime Enforcement Agency and Marine Department Malaysia, have made 14 intrusions into Singapore’s territorial waters since Oct 25.

The Singapore Government said that ships from Malaysia, including vessels from the Malaysian Maritime Enforcement Agency and Marine Department Malaysia, have made 14 intrusions into Singapore’s territorial waters since Oct 25.

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SINGAPORE — Amid an ongoing dispute with Malaysia, Singapore has filed a declaration under the United Nations Convention on the Law of the Sea (Unclos) to prevent the unilateral commencement — by Singapore or any other country — of third party arbitration or adjudication on disagreement over maritime boundaries.

Malaysia has been informed of the declaration, Singapore’s Ministry of Foreign Affairs (MFA) said in a statement issued on Thursday (Dec 13).

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An MFA spokesperson said the Republic believes that such disputes “are best resolved through negotiations, in order to reach an amicable settlement acceptable to all of the parties”.

“However, if this cannot be achieved, Singapore is prepared to settle such a dispute by recourse to an appropriate international third party dispute settlement procedure, on terms mutually agreed to by the parties,” said an MFA spokesperson, who noted that countries such as France, Canada, Italy, Spain, Australia and Thailand have made similar declarations.

In order for “such recourse to international dispute settlement to be based on the mutual agreement of the parties”, the Singapore Government on Wednesday filed the declaration under Article 298(1)(a) of Unclos, which will mean that “other States Parties to Unclos cannot unilaterally commence third party arbitration or adjudication against Singapore in respect of maritime boundary disputes”, the MFA spokesperson said. “Singapore likewise cannot unilaterally commence third party arbitration or adjudication against other States Parties for such disputes,” the spokesperson added.

Should a dispute arise that cannot be resolved through negotiations, Singapore will work with the other States Parties to “agree on the choice of forum and the specific issues to be decided, in order that the matter can be submitted to arbitration or adjudication”.

This is preferable to one party taking another unilaterally to arbitration or adjudication, without prior mutual agreement on these key issues, the MFA spokesperson reiterated.

The spokesperson stressed that Singapore remains committed to peaceful settlement of disputes, and will “continue to uphold international law and remains committed to the peaceful settlement of disputes in accordance with international law”.

Singapore and Malaysia have been locked in a dispute over maritime boundaries after Kuala Lumpur published a declaration on the alteration of Johor Baru port limits on Oct 25.

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Since then, Malaysian vessels — including those from the Malaysian Maritime Enforcement Agency and Marine Department Malaysia — had repeatedly entered Singapore’s territorial waters off Tuas.

The Singapore Government has strongly protested Malaysia’s move to unilaterally extend its port limits, which is a violation of sovereignty and international laws.

On Wednesday, Singapore Transport Minister Khaw Boon Wan said Malaysia has in recent days pulled back a vessel, leaving one government ship still anchored there.

While Malaysia has committed to de-escalate the situation, Mr Khaw stressed that the continued presence of the ship creates “an unnecessary risk of an accidental escalation on the ground”. He “strongly” urged Malaysia to withdraw from Singapore’s waters completely. The risk is “not conducive to the upcoming bilateral discussions”, he stressed.

Officials from the two countries are due to meet in the second week of January next year to discuss the maritime dispute. However, Malaysian Prime Minister Mahathir Mohamad said on Monday that the country will keep its vessels in the waters off Tuas while talks continue.

In its statement on Thursday, the MFA noted the upcoming bilateral discussions, and said Singapore “hopes that by engaging each other, the two governments will reach a swift and amicable resolution, in accordance with international law”.

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