The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands


Book Description

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




Case Concerning Sovereignty Over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia): Memorial of Indonesia


Book Description

In a Special Agreement signed between them on 31 May 1997 at Kuala Lumpur and which entered into force on 14 May 1998, the Parties requested the Court to determine on the basis of the treaties, agreements and any other evidence furnished by them whether sovereignty over Pulau Ligitan and Pulau Sipadan, two islands in the Celebes Sea, belongs to the Republic of Indonesia or to Malaysia.







The Challenge of Conflict


Book Description

This collection is an integrated body of essays that provides a comprehensive range of viewpoints on how international legal and political mechanisms can address the catastrophic consequences of deadly conflict in today's world. The authors are drawn from a diverse range of disciplines encompassing law, peace studies, international relations and criminal justice and include judges, members of the military, academics, United Nations personnel and representatives of non-government organisations.




The World Court Reference Guide and Case-Law Digest


Book Description

This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Systematic reference on Sources of Law; Coverage of the composition of the Litigation teams, and much more. This work will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. Excerpt from the Foreword to this Volume by H. E. Judge Peter Tomka, President, ICJ: “Mr Bimal Patel has assembled an impressive compilation of both institutions’ respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ’s recent activities, providing coverage up until 31 December 2010. Patel’s work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court’s docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court’s work.."




World Court Decisions at the Turn of the Millennium (1997-2001)


Book Description

This book provides a full overview of the judicial activity of the International Court of Justice (ICJ) during the five-year period 1997 - 2001, following the format of a previous volume describing the decisions from 1987 - 1996. Each chapter opens with a summary of the judicial activity of the ICJ during a given year, using the General List of ICJ cases, pleadings filed, Orders, Judgements and Advisory Opinions issued and hearings held at the Peace Palace to describe the statistics on the docket of the ICJ. The sections in each chapter describe the facts of a particular case, the arguments of the parties involved and the decision of the ICJ, together with the commentary by the author, a former ICJ staff lawyer. The book includes a limited number of reprints from the American Journal of International Law, together with lots of new material.




Malaysia and the Cold War Era


Book Description

From the end of the Second World War in 1945 to the collapse of the Soviet Union in 1991, there was a great deal of turmoil, tension and violence in what became Malaysia as a result of the 1963 Federation; upheavals included the Malayan Emergency of 1948・1960, the independence of Malaya in 1957, Konfrontasi with Indonesia of 1963・1966, the Philippines’ claim to Sabah, the Sarawak Communist Insurgency (1962・1990) and the Second Malayan Emergency of 1968・1989. This book breaks new ground in arguing for a longer trajectory of the Cold War, tracing this phenomenon back to 1920s’ colonial Malaya and Sarawak. Many new research findings showing how Malaysia coped with and overcame the many trials, challenges and difficulties are presented here, further enriching the historiography.




International Court of Justice, Digest of Judgments and Advisory Opinions, Canon and Case Law 1946 - 2012 (2 Vols.)


Book Description

This work offers ease of access to the ICJ's judgments and advisory opinions given between 25 March 1949 and 3 February 2012. It seeks to help scholars, practitioners and students of international public law quickly to review the Court’s jurisprudence for precedents in the Court’s "canon" and "case law". It allows the reader to read the judgments and opinions themselves, reduced to the unabbreviated and undistorted essence of the Court’s reasoning. The work contains all the timeless elements of the Court’s jurisprudence in one volume, and a highly detailed index of the relevant terms and phrases of the judgments and advisory opinions.




Negotiations in the Case Law of the International Court of Justice


Book Description

This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.




Embedding Space in African Society


Book Description

This book provides a detailed insight into how space and its applications are embedded, and can be further embedded, into African society in support of the SDGs, while taking into account the specific features, needs, and diversity of that society. Contributions drawn from across the continent and further afield provide analyses of the particular social situations in a variety of different African countries and regions, and highlight areas where space applications support the SDGs, and where they can further do so. The chapters cover a wide array of relevant and timely topics including basic needs like water quality, education, and capacity building, as well as financial, security, and legal aspects, together with facets of space technologies and infrastructure in Africa. Embedding Space in African Society will be of great interest to students and professionals in sustainable development, governance, and space studies.