The Implementation of Sovereignty Theory on the Interest of Malaysia in the History of Spratly Island’s Disputes

Muhammad, Nasir and Wan Siti Adibah, Wan Dahalan (2017) The Implementation of Sovereignty Theory on the Interest of Malaysia in the History of Spratly Island’s Disputes. Journal of Law, Policy and Globalization, 66. pp. 9-14. ISSN 2224-3259

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Abstract

The Spratly Islands become dispute objects by several countries including Malaysia, China, Taiwan, Vietnam, Philippines, Brunei, Indonesia, United States, Japan, and Russia. The problem is how the role of sovereignty may affect the provisions of international law and United Nations Convention on The Law of the Sea 1982 (UNCLOS 1982). Research shows that in the Spratly Islands dispute, the expanded way that is often used is occupation. Occupation shows a mastery of a territory that is not under the sovereignty of any country, which could be a newly discovered terra nullius. Possession shall be made by the state, effectively and should fulfil the requirement to make the area as part of national sovereignty. Some of the findings have to be equipped with the juridical means to effectively control for a long time. However, it has not been found in United Nations Convention on The Law of the Sea 1982 (UNCLOS 1982) or how long a period of time that is required to meet the occupation requirements.Thus, the sovereignty is one of barriers to uphold international law. Therefore, a political solution is one of the effective methods of resolving international disputes, because there will eventually give rise numbers of international covenant, which will bind the parties. Keywords: Sovereignty, Malaysia, Spratly Islands, Disputes

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