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Malaysia–Philippines border

Coordinates:3°10′58″N119°28′02″E / 3.1828°N 119.4672°E /3.1828; 119.4672
From Wikipedia, the free encyclopedia
International maritime border in Asia

TheMalaysia–Philippines border is amaritime boundary located in theSouth China,Sulu andCelebes Seas. It separates the Malaysian state ofSabah, which is on the island ofBorneo, and theSulu Islands of the southern Philippines.

Theboundary is the result of the division of theSulu Sultanate through the cession of its territories to colonial powers. The British gained control of the northeast shores of Borneo, which became known asNorth Borneo and subsequently Sabah, while the rest of the Sulu Islands fell under Spanish control and later United States rule. The Philippines stillofficially claim the eastern part of Sabah as part of its territory, arguing the validity of the cession by the heirs of the Sultan of Sulu.[1]

This historical backdrop laid the groundwork for a long-standing territorial dispute, reignited through the high-profileMalaysia–Sulu arbitration case. The self-proclaimed descendants of the lastSultan of Sulu filed a multi-billion-dollar claim against the Malaysian government, citing acolonial-era 1878 agreement that granted a British company rights over territory now part of present-day Sabah. Malaysia honored the agreement for decades, paying an annual cession of approximately $1,000 to the Sultan’s heirs until 2013, when it ceased payments following theLahad Datu standoff. In response, the claimants pursued international arbitration, demanding US$32 billion. In January 2022, Spanish arbitrator Gonzalo Stampa ruled in their favor, awarding US$15 billion, the largest arbitration award in history.[2] However, on 27 June 2023, The Hague Court of Appeal struck down the award, marking a “landmark victory” for Malaysia.[3] Most recently, Stampa was convicted of contempt of court for “knowingly disobeying rulings and orders from the Madrid High Court of Justice,” and sentenced to six months in prison.[4]

Malaysia and the Philippines are also parties to the multinational claims over theSpratly Islands and both countries have overlapping claims over some islands of the archipelago. The historical connections of the people living on both sides of the border has resulted in the border being extremely porous, with a lot of illegal immigration from the Philippines to Malaysia occurring. The porous border has also resulted in several incidents of cross-border raids and kidnapping by armed groups from the Philippines on Malaysian towns and resorts on the east coast of Sabah.

The border and disputes

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The Malaysian–Philippine border consists of two segments. The first segment is the portion that has already been delimited through treaty. The secondmaritime segment has yet to be delimited because it is in theSpratly Islands area in the South China Sea where the two countries have overlapping claims over the continental shelf and islands.

Treaty defined border

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Three treaties defined the territorial extent of the Philippine archipelago, of which two are relevant in terms of determining the boundary between Malaysia and the Philippines. The third treaty concerns the cession of some islands in the Sulu Sea but does not include any boundary determination clauses.

The Treaty of Paris of 1898 between Spain and the United States defined the territorial waters of the Philippines.[5] Only one portion of the boundary delimited by this treaty is relevant to the common border between the two countries. The relevant stretch lies between the Philippine island ofPalawan and the northern tip of the Malaysian state ofSabah between turning points 7° 40' N 116° 0' E and 7° 40' N 117° 0' E. Although the British were not parties to this treaty, it has never challenged the extent of Philippine territorial waters after occupyingNorth Borneo (Sabah today).[6] Malaysia too has not challenged the boundary and had in fact recognised it via its 1979 map which follows this portion of the boundary as the extent of its territorial waters.[7]

The second treaty is theConvention regarding the Boundary between the Philippine Archipelago and the State of North Borneo between the United States and the United Kingdom which was signed at Washington, D.C., on 2 January 1930. The treaty subsequently came into force with the Exchange of Notes on 6 July 1932.[8][9] The United States was the sovereign ruler of the Philippines at that time after acquiring it from Spain under the 1898 treaty between the US and Spain while the UK was the colonial ruler of North Borneo. The modern states of the Philippines and Malaysia became the successor states of the said treaties. Article I of this treaty establishes the turning points for the defined portion of the maritime border between Malaysia and the Philippines. The convention amended portions of the limits defined by the 1898 treaty to the current alignment of the Malaysia–Philippines border in the Sulu Sea, between point 7° 40' N 117° 0' E and 4° 45' N 120° 0' E.

No common tri-point for Indonesia, Malaysia and the Philippines in the Celebes Sea was established as this treaty did not involve the Netherlands, being the colonial ruler of what is today Indonesia, as a signatory. The three countries have also not negotiated for a common tri-point after their independence. In fact, Indonesia and Malaysia are currently involved in adispute resulting from overlapping claims of the continental shelf in the Celebes Sea and negotiations to establish the tripoint seem unlikely for the near future.[by whom?][citation needed]

PointLatitude (N)Longitude (E)Remarks
Malaysia–Philippines boundary end and turning points according to 1930 treaty
14° 45'120° 0'Eastern terminus of boundary defined by 1930 treaty where the amended territorial limits rejoins the limits defined by the 1898 treaty. Malaysia regards this point as outside its jurisdiction
24° 23'120° 0'Malaysia's 1979 map regards this as the Indonesia–Malaysia–Philippines tri-point and the actual eastern terminus of the Malaysia–Philippines border
34° 23'119° 0'
44° 42'119° 0'
55° 16'119° 35'
66° 0'118° 50'
76° 0'118° 20'
86° 17'117° 58'
96° 52'117° 58'
107° 24' 45"117° 25' 30"
117° 40'117° 0'The western terminus of the Malaysia–Philippines boundary as per 1930 treaty. Border rejoins the limits defined by 1898 treaty.
Malaysia–Philippines boundary end and turning points according to the 1898 treaty
17° 40'117° 0'This point is also the western terminus of the Malaysia–Philippines boundary as per 1930 treaty.
27° 40'116° 0'Deemed western terminus of delimited Malaysia–Philippines boundary

Disputed boundary

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Both Malaysia and the Philippines also have overlapping claims over the continental shelf and islands in theSpratly Islands area of the South China Sea. China/Taiwan and Vietnam also claim the entire Spratly Islands area as part of their territory and territorial waters while a small portion of the area of overlapping claim by Malaysia and the Philippines is also claimed by Brunei.

Malaysian claim

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Malaysia bases its claim on theUnited Nations Convention on the Law of the Sea's 200-nautical-mile (370 km) rule. In 1979, it published a territorial sea and continental shelf map depicting its claim over the area.

PointLongitude (E)Latitude (N)Remarks
Malaysia's continental shelf claim in the South China Sea according to the 1979 map
52109° 38'.66° 18'.2Northern terminus of theIndonesia–Malaysia border and eastern terminus of theIndonesia–Vietnam border
53111° 34'7° 027'.75
54112° 30'.758° 23'.75Disputed by the Philippines
55113° 16'.258° 44'.42Disputed by the Philippines
56113° 39'8° 33'.92Disputed by the Philippines
57113° 47'.758° 24'.42Disputed by the Philippines
58113° 52'.428° 24'.43Disputed by the Philippines
59114° 19'.838° 23'.75Disputed by the Philippines
60114° 29'.178° 30'.25Disputed by the Philippines
61114° 50'.128° 28'.17Disputed by the Philippines
62115° 10'.588° 55'Disputed by the Philippines
63115° 8'.758° 49'.08Disputed by the Philippines
64115° 54'.088° 19'.92Disputed by the Philippines
65116° 03'.58° 01'.5Disputed by the Philippines
66116° 00'7° 40'This is the western starting point of the treaty defined boundary between Malaysia and the Philippines

The Philippines claim results in the boundary claimed by Malaysia above being disputed from midway between Point 53 and Point 54 onwards until Point 66 which is the western starting point of the treaty defined, and thus agreed to, boundary between the two countries.

Philippines claim

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The Philippines' claim in the Spratly Islands area, known as theKalayaan Islands, is based on discovery and geographical continuity. The territorial waters of the claim was declared by President Ferdinand Marcos in Presidential Decree 1596 on 11 June 1978. The claim was further reinforced in the Philippines Archipelagic Baselines Act (Republic Act No. 9522) signed by President Gloria Macapagal-Arroyo on 11 March 2009.

In early November 2024, Philippine PresidentBongbong Marcos signed thePhilippine Maritime Zones Act and thePhilippine Archipelagic Sea Lanes Act.[10] These laws reaffirmed the Philippines' maritime territories and rights to natural resources across the South China Sea, including Sabah, drawing strong criticism from Malaysia. On November 15, 2024, Kuala Lumpur lodged a diplomatic protest against the two maritime laws, arguing that they infringed upon Malaysia's territorial boundaries in the South China Sea.[11][12]  

PointLongitude (E)Latitude (N)Remarks
The Philippines' Kalayaan Islands claim
1118° 00'12° 00'
2114° 30'12° 00'
3112° 10'8° 00'
4112° 10'7° 00'Disputed by Malaysia
5116° 00'7° 40'Same as the westernmost terminus of treaty defined border between Malaysia and the Philippines; same as Point 66 of Malaysia's 1979 map

See also

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References

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  1. ^"Cession and transfer of the territory of North Borneo by His Highness, Sultan Mohammad Esmail Kiram, Sultan of Sulu, acting with the consent and approval of the Ruma Bechara, in council assembled, to the Republic of the Philippines". Government of the Philippines. 24 April 1962. Retrieved7 February 2016.
  2. ^"Why Malaysia is battling a $15B bill over a colonial-era land deal".Benar News. 19 April 2023. Retrieved30 May 2025.
  3. ^Business Today (27 June 2023)."Hague Court Dismisses Sulu Heirs US$15 Billon Claim, A Landmark Victory For Malaysia".www.businesstoday.com.my/. Retrieved30 May 2025.{{cite web}}:|last= has generic name (help)
  4. ^"Arbitrator's Guilty Verdict Puts UK Funder's Investment at Risk".Archived from the original on 6 December 2024. Retrieved30 May 2025.
  5. ^Article III of the treaty. For full text of treaty, seeYale Law Schools Avalon Project site
  6. ^Bautista, Lowell B. (2008)."The Historical Context and Legal Basis of the Philippine Treaty Limits"(PDF). Asian-Pacific Law and Policy Journal. Archived fromthe original(PDF) on 11 October 2010. Retrieved1 April 2009.{{cite journal}}:Cite journal requires|journal= (help)
  7. ^See1979 mapArchived 10 July 2007 at theWayback Machine of Malaysia's territorial waters and continental shelf produced by Malaysia's Land and Survey Department and reproduced by the Singapore Ministry of Foreign Affairs in the country's response in the International Tribunal of the Law of the Seacase concerning the reclamation of lands by Singapore in the Straits of JohorArchived 10 December 2008 at theWayback Machine.
  8. ^Convention regarding the Boundary between the Philippine Archipelago and the State of North Borneo,U.N. Treaty Collection (archived fromthe originalArchived 28 July 2011 at theWayback Machine on 2011-07-28)
  9. ^United States. Dept. of State; Charles Irving Bevans (1968).Treaties and other international agreements of the United States of America, 1776-1949. Dept. of State; for sale by the Supt. of Docs., U.S. Govt. Print. Off. pp. 473–481.
  10. ^"Malaysia protests new Philippine maritime laws that it says infringe on its territory".Yahoo News. 15 November 2024. Retrieved31 December 2024.
  11. ^"Malaysia protests new Philippine maritime zones laws for South China Sea".www.globalsecurity.org. Retrieved31 December 2024.
  12. ^Punongbayan, Michael."Malaysia protests new Philippines maritime laws".Philstar.com. Retrieved31 December 2024.
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