Sunday, March 06, 2005

ICJ Watch: Indonesia v. Malaysia v. Philippines

Territorial squabbling continues in Southeast Asia as the Indonesian government announced it would NOT bring its simmering dispute with Malaysia over offshore undersea development rights to the International Court of Justice (where it previously lost a territorial case in 2002). It also announced that warships sent to enforce Indonesian claims of sovereignty would remain and that Malaysian airplanes were violating Indonesian airspace. Tensions continue to rise and it looks like the ICJ will not be called in to settle this dispute.

Meanwhile, the Phillippines announced that it WOULD bring its claim to the island of Sabah (formerly North Borneo) to the ICJ. Sabah is currently a part of Malaysia, but apparently the Phillippines has a claim based, I think, upon the fact that Sabah was owned by the Sultanate of Sulu and leased to the British East India Company, which was eventually succeeded by the government of Malaysia. The Sultanate appears to be a protectorate of the Phillippines that had granted that country the right to pursue the Sabah claim on its behalf. Malaysia actually still pays a lease to the Sultanate.

None of the three countries has recognized the compulsory jurisdiction of the ICJ, so onemight wonder, then, why any of these countries would ever go to the ICJ if they don't have to.

This is a complex and somewhat controversial question that is currently the subject of an important academic discussion between Professors Eric Posner and John Yoo on one side and Professors Laurence Helfer and Anne Marie Slaughter on the other. Posner and Yoo suggest that states will generally agree to international adjudication only when they feel like they have some control over the process, such as the power to appoint the arbitrator. Helfer and Slaughter respond that states will agree to give an international court binding jurisdiction to enhance the credibility of their commitments to the other states.

In these territorial and sea disputes, what is odd is that the states (like the Phillippines) might agree to give the ICJ jurisdiction as opposed to creating their own arbitration tribunal (which they could control better, as the Posner/Yoo theory might predict). States in this instance appear to be choosing an independent tribunal that they can't control. This doesn't necessarily support the Helfer/Slaughter view either because it is hard to see why agreeing to the ICJ after the dispute has already arisen will enhance the credibility of their commitment anymore then agreeing to arbitration would do so.

It may be that the ICJ has some expertise in these sorts of disputes and its existence as a stand-alone tribunal makes it a known quantity. The combination of expertise, and perhaps cost savings, might be one reason why the ICJ might continue to use international courts. But its use is likely to be sparing, as Indonesia's attitude in the current dispute suggests. This may end up being a situation where international law and institutions will have to yield to diplomacy in these disputes.


Blogger Adi said...

Oes Tsetnoc one of the ways in which we can learn seo besides Mengembalikan Jati Diri Bangsa. By participating in the Oes Tsetnoc or Mengembalikan Jati Diri Bangsa we can improve our seo skills. To find more information about Oest Tsetnoc please visit my Oes Tsetnoc pages. And to find more information about Mengembalikan Jati Diri Bangsa please visit my Mengembalikan Jati Diri Bangsa pages. Thank you So much.
Oes Tsetnoc | Semangat Mengembalikan Jati Diri Bangsa

11/22/2009 10:14 AM  
Blogger beautifuls said...

Buy Cheap Fluro Cambridge Satchel Cambridge Satchel Fluro Fluro Yellow Cambridge Satchel Fluro Pink Cambridge Satchel Cambridge Satchel Fluro Yellow Cambridge Satchel Fluro Pink with lower price and high quality.

2/27/2012 3:08 AM  
Blogger ninest123 Ninest said...

ninest123 08.03
kate spade handbags, louboutin outlet, longchamp, true religion jeans, ray ban sunglasses, polo ralph lauren outlet, nike free, oakley sunglasses, nike outlet, coach purses, oakley sunglasses, michael kors outlet, michael kors outlet, gucci outlet, coach outlet, oakley sunglasses, michael kors, coach outlet, kate spade outlet, coach factory outlet, christian louboutin outlet, polo ralph lauren outlet, tory burch outlet, prada outlet, michael kors outlet, michael kors outlet, chanel handbags, burberry, burberry outlet online, ray ban sunglasses, louboutin shoes, michael kors outlet, nike air max, prada handbags, longchamp outlet, jordan shoes, longchamp outlet, louboutin, tiffany and co, replica watches, nike air max, tiffany jewelry

8/02/2015 10:21 PM  
Blogger ninest123 Ninest said...

new balance pas cher, air force, vanessa bruno, hermes, nike roshe run, mulberry, lacoste pas cher, sac guess, air jordan pas cher, michael kors, ray ban uk, nike blazer, hollister pas cher, michael kors, tn pas cher, nike air max, nike free run uk, north face, ray ban pas cher, ralph lauren pas cher, nike air max, converse pas cher, michael kors, hollister, abercrombie and fitch, nike free, true religion jeans, true religion jeans, air max, longchamp pas cher, burberry, nike air max, vans pas cher, hogan, ralph lauren uk, true religion outlet, north face, sac longchamp, lululemon, timberland, louboutin pas cher, oakley pas cher

8/02/2015 10:22 PM  
Blogger ninest123 Ninest said...

north face outlet, beats by dre, mont blanc, oakley, nfl jerseys, p90x workout, valentino shoes, birkin bag, insanity workout, vans shoes, nike huarache, soccer shoes, herve leger, celine handbags, new balance, nike roshe, mac cosmetics, abercrombie and fitch, asics running shoes, mcm handbags, reebok shoes, lululemon, nike roshe, bottega veneta, longchamp, jimmy choo shoes, giuseppe zanotti, wedding dresses, north face outlet, babyliss, chi flat iron, ferragamo shoes, iphone 6 cases, nike trainers, baseball bats, nike air max, hollister, ghd, soccer jerseys, instyler, timberland boots, hollister

8/02/2015 10:25 PM  
Blogger ninest123 Ninest said...

pandora charms, karen millen, ugg boots, juicy couture outlet, juicy couture outlet, swarovski, pandora jewelry, hollister, ugg,ugg australia,ugg italia, ugg boots, converse, hollister, supra shoes, louboutin, montre pas cher, ugg,uggs,uggs canada, vans, uggs on sale, marc jacobs, ralph lauren, toms shoes, bottes ugg, thomas sabo, gucci, lancel, pandora charms, ray ban, ugg pas cher, ugg boots, replica watches, links of london, ugg boots, wedding dresses, nike air max, swarovski crystal, ugg boots uk, coach outlet, converse outlet
ninest123 08.03

8/02/2015 10:26 PM  

Post a Comment

<< Home