00:00A principle relied on by the International Court of Justice in the Batu Pute case may
00:06hamper Sarawak in its claim to oil and gas resources in the South China Sea.
00:12Former Law Minister Zaid Ibrahim said the effectivities principle may defeat Sarawak's
00:17claim to rights over the continental shelf off its coast.
00:20Under this principle, the court may look at whether Sarawak exercise actual authority
00:29over the area in question.
00:31This involves inquiring whether Sarawak has displayed state functions over the continental
00:37shelf rather than simply making a legal claim to it.
00:44Zaid said the ICJ had in the Batu Pute case acknowledged that the island historically
00:49belonged to the Johor Sultanate.
00:52Singapore built a lighthouse on Batu Pute in 1851 and had conducted continuous naval
01:00operations in the area for many years.
01:03Malaysia's failure to protest and assert its own sovereignty over Batu Pute was seen
01:11by the ICJ as an acknowledgement of Singapore's sovereignty.
01:18As Zaid also said, Sarawak's failure to challenge the validity of the Continental
01:22Shelf Act of 1966 and the Petroleum Development Act of 1974 may work against it in court.
01:30Sarawak did not dispute the legality of these laws for a long period of time.
01:36In fact, Raman Yacob, Sarawak's then Chief Minister, was heavily involved in the negotiations
01:44that led to the passing of the PDA, Petroleum Development Act.
01:50Sarawakian MPs in Parliament voted to pass the bill into law and the state has received
01:57substantial sums in royalties for 50 years.
02:03A battle is brewing between Petronas and Sarawak after the state laid claim to all oil and
02:08gas resources on the continental shelf, challenging Petronas' claim, which is premised on the
02:13Petroleum Development Act 1974.
02:17Sarawak Premier Abang Johari Oping recently said he is prepared to take the case to court
02:22if necessary.
02:23Dhanushwar Jareza, FMT News.
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