CONTEMPORARY EURASIA VOLUME VIII (1) ContemporaryEurasia81 | Page 85

YULONG DAI
gradually and peacefully resolve the dispute. On the other hand, it was able
to lead Malaysia to at least remain restrained at all stages of the resolution
procedure, so that the dispute would be settled in a comparatively easier
way.
The third reason for the adoption of gradual resolution in the Pedra
Branca dispute was influenced by the geographical situation of these three
islets. They are not only close to the mainland of each party, especially
Malaysia, but also to their neighbor—Indonesia. There were no clear
historical boundaries in this region. The negotiations held in 1969 between
Indonesia and Malaysia on their maritime borders in the east Malacca Strait
region had avoided the territorial waters around Pedra Branca. 18 If Singapore
and Malaysia intended to resolve the dispute regarding the islets together
with the territorial waters, they would have been faced with the possibility
that Indonesia might intervene, which would lead to a much more
complicated tripartite dispute. In other words, no matter what the result of
the attribution of these three islets would be, it is inevitable that Indonesia
would be involved in the maritime demarcation of this region, considering
these islets also lie no further than 8 nautical miles away from Indonesia’s
Bintan Island. The result of the 2008 Judgment then has de facto brought a
new variable to the maritime demarcation of this region, which is Pedra
Branca being awarded to Singapore. Therefore, considering the complicated
geographical situation and the possible results, it is wise for these parties to
divide the disputed islets apart from the demarcation of territorial waters and
implement gradual resolution.
The Court had left a more complicated situation for the rest of the
dispute by only providing an explanatory statement regarding the legal status
of South Ledge. In fact, a low-tide elevation like South Ledge is valid to
provide a base point for determining a baseline of territorial sea. However,
the current situation has now been reversed, which means Singapore and
Malaysia should delimit the territorial waters first, and then the dispute of
South Ledge would be settled together with that. Hence it could be predicted
that, in order to reach a final solution to the maritime demarcation as well as
the legal status of South Ledge, both parties, especially Singapore would
continue to seek gradual resolution to the rest of the dispute if it is necessary.
Skillful advocacy
There are two important principles of international law regarding the
strategy of territorial acquisition adopted by Singapore during the
proceedings of the Pedra Branca case. Singapore skillfully strengthened its
claim and influenced the Court’s judgment by taking advantage of them. The
first principle is effectivités. Singapore de facto did not directly mention this
18
Pedra Branca Judgement, 90-91, paras. 257-258.
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