The recent submission by the Philippines to the United Nations (UN) to formally recognize the extent of its undersea continental shelf has sparked controversy. Malaysia has opposed this submission, stating that it is projected from the baselines of Sabah. This opposition was formally communicated to UN Secretary General António Guterres on June 27, through a note verbale from Malaysia’s permanent mission to the United Nations.
Malaysia’s stance is clear: it has never recognized the Philippines’ claim to Sabah. This territorial dispute has been a long-standing issue between the two nations, and this recent development has brought it back into the spotlight.
Interestingly, China had also protested against the Philippines’ claims earlier. In a note verbale on June 18, addressed to UN Secretary-General António Guterres, the Permanent Mission of the People’s Republic of China to the UN expressed serious concerns. The Chinese government requested the Commission not to consider the submission by the Philippines, indicating that the territorial dispute is not just bilateral but involves other regional players as well.
Malaysia’s Rejection of the Philippines’ Submission
In response to the Philippines’ submission, Malaysia requested the UN Commission on the Limits of the Continental Shelf not to examine and qualify the Philippines’ Partial Submission. The Government of Malaysia categorically rejects the Philippines’ Partial Submission on the basis that the Republic of the Philippines’ continental margin is projected from the baselines of the Malaysian state of Sabah.
According to Malaysia, this clearly disregards Malaysia’s indisputable sovereignty over the state of Sabah. The mission emphasized that Sabah has always been an integral part of Malaysia and has been recognized by the UN and the international community as part of Malaysia since the formation of the Federation of Malaysia on September 16, 1963.
Malaysia argued that the Philippines’ claim to sovereignty over Sabah is incompatible with its erga omnes obligation to recognize and uphold the legitimate exercise of the right to self-determination by the people of Sabah in 1963. The Government of Malaysia wholly rejects the claims by the Republic of the Philippines that the latter has legal ownership and sovereignty over the Malaysian state of Sabah.
According to Malaysia, it is clear that the Republic of the Philippines’ claim to Sabah has no basis whatsoever under international law. This strong stance by Malaysia underscores the complexity and sensitivity of the territorial dispute.
The Philippines’ Submission and Its Implications
Meanwhile, the Philippines asked the UN body last month to formally recognize the extent of its undersea continental seabed in the South China Sea, where it would have the exclusive right to exploit resources. This move is seen as a strategic step by the Philippines to assert its territorial claims and secure its maritime interests.
Through the Philippine mission to the UN in New York, the Philippine government submitted information to the UN Commission on the Limits of the Continental Shelf on the extent of its undersea shelf in the South China Sea, off western Palawan province, after more than a decade and a half of scientific research.
Understanding the Extended Continental Shelf
The continental shelf, as defined under international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS), is the submerged prolongation of the land territory of a coastal state. It comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.
An extended continental shelf extends beyond the standard 200 nautical miles from the baselines of a coastal state if the natural prolongation of its land territory continues. According to Article 76 of UNCLOS, a coastal state is entitled to establish the outer limits of its continental shelf, which can extend up to 350 nautical miles from the baselines.
The Philippines’ Efforts and Legal Basis
The National Mapping and Resource Information Agency led the Extended Continental Shelf Technical Working Group that worked on the submission for over 15 years. This long-term effort underscores the importance that the Philippines places on securing its maritime territories and resources.
The Department of Foreign Affairs (DFA) underscored the significance of the submission in securing the Philippines’ sovereign rights and maritime jurisdictions in the West Philippine Sea (WPS), noting that the 2016 award on the South China Sea arbitration confirmed the Philippines’ maritime entitlements and rejected those that exceeded geographic and substantive limits under the UNCLOS.
Philippine permanent representative to the UN Antonio Lagdameo said the move “can reinvigorate efforts of states to demonstrate their readiness to pursue UNCLOS processes in the determination of maritime entitlements and promote a rules-based international order.” This statement reflects the Philippines’ commitment to international law and multilateral diplomacy in resolving territorial disputes.
Former foreign affairs secretary Teodoro Locsin Jr. said the Philippines will not abandon its territorial claim over Sabah despite aggressive financial offers. He revealed repeated offers in the past involving huge amounts of money for the Philippines to drop its claims over Sabah, formerly known as North Borneo. This indicates that the territorial dispute over Sabah is not just a matter of principle but also involves significant economic interests.
Regional and International Reactions
China’s interest in the continental shelf, particularly in the South China Sea, is significant. The report drawn up in 1968 by the UN Economic Commission for Asia and the Far East revealed that there were probably extremely rich resources of oil beneath the continental shelf of the East China Sea and the Yellow Sea. This makes the continental shelf economically important for China. Moreover, China has formally urged a United Nations body not to consider a Philippine bid to extend the legal outer limits of its continental shelf in the disputed South China Sea. This indicates that China is actively involved in territorial disputes related to the continental shelf.
Meanwhile, visiting Malaysian Foreign Minister Dato’ Seri Utama Haji Mohamad Bin Haji Hasan will meet with Foreign Affairs Secretary Enrique Manalo to discuss the current state of Philippines-Malaysia relations, the DFA said. This meeting is expected to address the recent developments and explore ways to manage the territorial dispute in a peaceful and constructive manner.
End Note
In conclusion, the territorial dispute over Sabah between Malaysia and the Philippines, with the involvement of China, presents a complex challenge to regional stability and international law. The definition and recognition of continental shelf rights under international law play a crucial role in these disputes. As the situation evolves, the international community will be watching closely to see how these nations navigate these sensitive issues and work towards a peaceful resolution. Peaceful dialogue, multilateral diplomacy, and respect for international law are essential in resolving such disputes.
