CONTEMPORARY EURASIA VOLUME VIII (1) ContemporaryEurasia81 | Page 88

STRATEGIES ON TERRITORIAL ACQUISITION- A CASE STUDY ON THE PEDRA …
effective control over this island, the other is Johor and Malaysia’s long-term
acquiescence to such acts. According to Singapore, this shift of title was
guided by a so-called “tacit agreement”. As it can be seen from Singapore’s
statement, there are several cases cited to support this claim, including the
Island of Palmas case, the British—Norway Fishery Case, the Gulf of Maine
case, the Temple of Preah Vihear case, etc. 23 Singapore argued that the
sovereignty over a specific territory could be shifted by a formal written
agreement, or by a “tacit agreement” generated by the conduct of the parties.
The Court accepted Singapore’s explanation by directly citing the Temple
of Preah Vihear case. According to the Court, one party should remain
silent to the other party’s conducts to generate the “tacit agreement”. The
court also emphasized this concept by citing the Island of Palmas case as
well as the Gulf of Maine case. The concept of acquiescence is
“equivalent to tacit recognition manifested by unilateral conduct which the
other party may interpret as consent”. 24 According to this explanation,
Malaysia’s acquiescence means abandoning its title to Pedra Branca and
consenting to the result that this title was gradually shifted to Singapore over
a period of time. Apparently, Singapore’s adoption of the principle of
acquiescence is affirmed by the Court in this way.
Conclusion
For any claimant who is involved in a territorial dispute, it should be a
comparatively better solution that it strives to resolve the dispute by means
of negotiations or international arbitration when a compromise cannot be
reached, rather than violent actions. In order to maximize its own interests,
every party should behave rationally, because the interests may not only
include potential resources usable from the disputed territories, but also
relations with the opponent, especially when both parties benefit from their
interdependence. Fully taking advantages of customary international law and
international treaties is an ideal choice, especially for a claimant whose
power is comparatively weaker. If all parties fail to reach a final solution
through negotiations, then resorting the dispute with international arbitration
and complying with the result are also reasonable moves.
The Pedra Branca case has shown a comparatively new approach of
territorial acquisition. As a new case, it fully manifested how a small country
could peacefully and legally acquire disputed territories from a stronger
neighbor without damaging their bilateral relations. The artful strategies
adopted by Singapore has promoted its success in winning sovereignty of
Pedra Branca from Malaysia in an amicable way. For claimants whose
powers are comparatively weaker in any territorial dispute (for example, in
the South China Sea disputes), it is possible that they might win sovereignty
23
24
See Memorial of Singapore,158-188.
Pedra Branca Judgement, 50-51, paras. 120-122.
88