KUCHING: The Batu Puteh case is seen as unrelated to the legal questions surrounding Sarawak’s interests in the continental shelf.
“The key lies in domestic laws like the Federal Constitution, Sarawak’s Land Code, and the Oil Mining Ordinance 1958,” a source familiar with the matter told Sarawak Tribune.
He said that Sarawak’s rights are protected by the definition of the continental shelf, which explicitly states that the state’s rights and powers.
“The Batu Puteh case was a dispute between sovereign states, decided under international law. This is different from our situation,” he added.
Former Law Minister Zaid Ibrahim previously suggested that an adverse ruling in the Batu Puteh case could impact Sarawak’s claim to offshore resources.
He cited the “effectivités” principle used by the International Court of Justice.
However, the source countered that Sarawak’s rights are firmly established by the Sarawak (Alteration Boundaries) Order 1954, which extended the state’s boundaries to include the continental shelf.
“The Continental Shelf (Amendment) Act 2009 further clarifies this. It extends Malaysia’s continental shelf up to 200 nautical miles, but it explicitly states that this does not affect the territory, territorial waters, or rights and powers of the states,” he said.
