MALAYSIA’s relations with Singapore hit a rough patch again due to tensions triggered by bilateral disputes over air and maritime boundaries.
The re-emergence of the disputes represents the latest of a series of longstanding bilateral problems that periodically resurface and affect Malaysia - Singapore ties, as both countries seek to re-calibrate their relationship, post-14th General Election.
This latest round revolves around two sets of boundary issues.
The first refers to the contested maritime boundary over the recent extension of the Johor Baru Port limits by Malaysia.
This maritime boundary dispute has been exacerbated by allegations of vessel encroachment on contested waters.
Singapore decided to extend the Singapore Port limits off Tuas as a response to Malaysia’s move.
The second issue relates to their diplomatic spat over air boundaries, namely the stipulated intention of the Malaysian government to negotiate the retaking of airspace over southern Johor.
This decision was made in protest of Singapore’s publication of the Instrument Landing System (ILS) procedures for its Seletar Airport.
Although the two issues have since triggered responses and counter-responses from both governments in reinforcing their positions, efforts to return to the negotiation table have also taken place, for the sake of safeguarding neighbourly relations and their socioeconomic interdependence.
The decision to extend the Johor Baru Port limits is within Malaysia’s sovereign maritimeterritorial rights.
This been defined and conducted legally in accordance with the related provisions on the “limits of territorial sea” found in both countries’ laws as well as international maritime laws, namely the United Nations Convention on the Laws of the Sea (UNCLOS).
Therefore, the extended Johor Baru Port limits are well within Malaysia’s “territorial sea”, as defined in Peta Baru Malaysia 1979, which complies with related UNCLOS provisions and, as such, the Malaysian government can exercise its sovereign right to delineate any port limit in its territorial sea.
Singapore’s allegation that the newly-delineated Johor Baru Port limits have extended into its territorial waters is inaccurate, since the republic’s unilaterally-defined adjacent maritime boundary is based on revised baselines resulting from its extensive land reclamation, which has been carried out almost to the outer limits of its territorial sea.
According to UNCLOS, land reclamation conducted by any littoral or maritime state on its terrestrial features does not give it the legal right to extend its baselines, and consequently, use such revised baselines to extend its maritime boundaries.
As such, Singapore’s territorial sea remains unchanged, despite the republic’s extensive land reclamation on its northern shores off Johor.
As for the ILS issue and “delegated airspace” over southern Johor, it is only natural for the Malaysian government to protect national interests, and that of the people of Johor.
This is especially so, since the flight path designated by the newly-proposed ILS for Seletar Airport would affect height restrictions, to the detriment of socioeconomic development in Pasir Gudang specifically and Johor Baru, generally Therefore, it would be in Malaysia’s security interests to regain control of the “delegated airspace” in southern Johor gradually (in consideration of good neighbourly relations with Singapore), since the current arrangement may come with national security implications.
However, I would like to applaud the “timely and rational” decision by both governments to de-escalate the situation, and to resolve the disputes through diplomatic channels.
Both countries are inseparable from each other due to their proximity as neighbours, which not only binds us together, but also generates a high degree of interdependence.
Hence, it is in our mutual interests to foster bilateral relationship for our national interests and wellbeing.
DATUK SERI MOHAMED KHALED NORDIN
Umno vice-president and former Johor menteri besar