The Territorial Dispute Between Indonesia And Malaysia Over Pulau Sipadan And Pulau Ligitan In The Celebes Sea

"Ho Ying Chan provides an expert analysis of Malaysia–Indonesia relations. He demystifies the concept of a 'special relationship', rescuing it from woolly, sentimental rhetoric that often emanates from political figures and popular commentators. His well-informed study shows how a state’s will to survive in the amoral world of international relations drives its conduct even in circumstances of common identities and common strategic interests with other states. He evaluates comparative evidence to shed light on how a special relationship leads to the emergence of a pluralistic security community. This is a conclusion of insight and value, not only to the field of Southeast Asian Studies, but also to the wider community of International Relations scholars." — Professor Clinton Fernandes, University of New South Wales, Australia "Empirically rich and theoretically interesting, this book offers an illuminating account of how material and ideational dynamics shape the evolution of Malaysia–Indonesia relations. Focusing on what is arguably the most vital bilateral relationship in Southeast Asia, it addresses the circumstances, conditions and constraints that determine the double-edged effects of the culturally bound 'special relationship'. Ho Ying Chan argues that while their shared serumpun identities and strategic interests do give rise to a considerable closeness between Malaysia and Indonesia, the politics of power (im)balance have prevented the transformation of the special relationship into a 'pluralistic security community', as their egoistic understanding averts the formation of collective self. The book generates useful insights on the interplay of cross-border cultural affinity and political necessity, inviting readers to ponder the politics of identity and survivability at the international level. It is a welcome addition to the growing literature of Southeast Asian international relations." — Dr Kuik Cheng-Chwee, National University of Malaysia (UKM) "Ho Ying Chan’s important study brings home the international and theoretical significance of the interaction between Malaysia and Indonesia, the two major states of Muslim Southeast Asia — products of the territorial division between the British and Dutch colonial empires. This welcome and revealing review of the Malaysia–Indonesia story deepens our understanding of the concept of a 'special relationship' — explaining both the cooperative and competitive dynamics that can be present, and the way such relationships are influenced by state identities and power imbalances." — Anthony Milner, University of Malaya; University of Melbourne

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.

In 2002, ASEAN made history when two of its founder members—Indonesia and Malaysia—amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice (ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes. As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties. “An invaluable account of the dispute between Malaysia and Indonesia over the Sipadan and Ligitan Islands. Written skilfully by a historian who is in clear command of the facts. Highly recommended for anyone who wishes to understand border disputes in Southeast Asia.”—Professor James Chin, Director, Asia Institute, University of Tasmania

Table of contents

Not only is the South China Sea of strategic importance; it is also rich in oil and other natural resources. As such, it is the subject of overlapping territorial disputes between several East and Southeast Asian countries as well as the scene of military tensions and potentially dangerous conflicts. But disputes over the South China Sea are much more complex than simply issues of military security. Environmental values, economic security and political developments are also involved. Spanning the full complexity of the situation, this volume: * covers its historical and legal background * analyses its environmental, economic, military and political dimensions * assesses the potential for containing and resolving disputes as well as transforming the structures of conflict in the region.

Southeast Asia, with a total population of 520 million, remains a region characterized by fragmentation, diversity, and considerable internal conflict despite the unifying influence of the Association of Southeast Asian Nations (ASEAN), formed some thirty-five years ago. In the new millennium, it has lost the distinction of being one of the world’s faster growing group of economies since the 1997 financial crisis. While it has benefited from the winds of globalization, it has now to cope with the painful adjustments to problems that stem from the inadequacies of good governance and structural changes. This volume brings together the combined insights of specialists who have worked and lived in the region. The theme of the book is change and transformation. The authors identify the trends and forces that propel the region along, and then bring in discussions on key issues. In some cases, they offer their views on the future of the region and recommendations for solutions. The intention of the book is to offer a scholarly review of the region’s development over the past half century and to provide a firm basis for forecasting its further evolution in the new millennium.