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Batu Puteh ruling may hinder S’wak’s O&G claim, says former law minister
Free Malaysia Today
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11/13/2024
Zaid Ibrahim says Sarawak’s failure to challenge longstanding legislation and exercise control over oil and gas resources may work against it in court.
Read More:
https://www.freemalaysiatoday.com/category/nation/2024/11/14/batu-puteh-ruling-may-hinder-swaks-og-claim-says-former-law-minister/
Laporan Lanjut:
https://www.freemalaysiatoday.com/category/bahasa/tempatan/2024/11/14/keputusan-batu-puteh-merintangi-tuntutan-og-sarawak-kata-bekas-menteri/
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Transcript
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00:00
A principle relied on by the International Court of Justice in the Batu Pute case may
00:06
hamper Sarawak in its claim to oil and gas resources in the South China Sea.
00:12
Former Law Minister Zaid Ibrahim said the effectivities principle may defeat Sarawak's
00:17
claim to rights over the continental shelf off its coast.
00:20
Under this principle, the court may look at whether Sarawak exercise actual authority
00:29
over the area in question.
00:31
This involves inquiring whether Sarawak has displayed state functions over the continental
00:37
shelf rather than simply making a legal claim to it.
00:44
Zaid said the ICJ had in the Batu Pute case acknowledged that the island historically
00:49
belonged to the Johor Sultanate.
00:52
Singapore built a lighthouse on Batu Pute in 1851 and had conducted continuous naval
01:00
operations in the area for many years.
01:03
Malaysia's failure to protest and assert its own sovereignty over Batu Pute was seen
01:11
by the ICJ as an acknowledgement of Singapore's sovereignty.
01:18
As Zaid also said, Sarawak's failure to challenge the validity of the Continental
01:22
Shelf Act of 1966 and the Petroleum Development Act of 1974 may work against it in court.
01:30
Sarawak did not dispute the legality of these laws for a long period of time.
01:36
In fact, Raman Yacob, Sarawak's then Chief Minister, was heavily involved in the negotiations
01:44
that led to the passing of the PDA, Petroleum Development Act.
01:50
Sarawakian MPs in Parliament voted to pass the bill into law and the state has received
01:57
substantial sums in royalties for 50 years.
02:03
A battle is brewing between Petronas and Sarawak after the state laid claim to all oil and
02:08
gas resources on the continental shelf, challenging Petronas' claim, which is premised on the
02:13
Petroleum Development Act 1974.
02:17
Sarawak Premier Abang Johari Oping recently said he is prepared to take the case to court
02:22
if necessary.
02:23
Dhanushwar Jareza, FMT News.
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