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Malaysia sticks to UNCLOS and talks for sea disputes

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Malaysia continues to rely on UNCLOS and negotiations to resolve maritime boundary disputes with neighbours, says PM Anwar.

KUALA LUMPUR: Malaysia will continue to rely on negotiations and adherence to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) as the foundation for resolving maritime boundary disputes with neighbouring countries, Prime Minister Datuk Seri Anwar Ibrahim said.

He said Malaysia also supports the role of the International Maritime Organization (IMO) in maritime affairs, but noted that the organisation is likewise bound by the provisions of UNCLOS 1982, which provides a clear legal framework.

Nevertheless, Anwar said interpretations of UNCLOS vary among countries, and the convention alone is insufficient to resolve every maritime dispute.

On the South China Sea, he said ASEAN member states had agreed to use UNCLOS as the basis for negotiations while working with China to finalise the Code of Conduct (COC) to prevent tensions and conflict.

“This is what ASEAN and China are currently finalising, although discussions involving the Philippines are more complex due to the unresolved Sabah issue.

“With the other ASEAN countries, we have chosen negotiations, even if they require repeated rounds of talks. If discussions reach a deadlock, we adjourn and return to the negotiating table,” he told the Dewan Rakyat today.

Anwar said this in reply to Datuk Seri Hasni Mohammad (BN-Simpang Renggam) on whether Malaysia plans to seek expert views from the IMO on the security of the narrow Straits of Malacca shipping route and the management of maritime boundary issues.

The Prime Minister said Malaysia’s experience with Joint Development Authorities involving Thailand and Vietnam demonstrated that economic cooperation could continue without compromising each country’s sovereignty claims.

“Although these disputes are difficult to resolve and each side has strong legal arguments, historical evidence and boundary claims, cooperation remains possible.

“In our experience with Vietnam, the disputed area remains without prejudice to either country’s sovereignty claim. Nevertheless, we established a Joint Development Authority so that both countries could jointly develop the area and share its benefits,” he said.

Anwar said Malaysia, as a maritime nation, has maritime boundary issues involving Brunei, Thailand, Indonesia, Singapore, the Philippines and China.

However, the government has consistently chosen diplomacy and negotiations to prevent disputes from escalating into wider tensions, he said.

He added that boundary negotiations with Brunei had made significant progress, with only a few areas involving the Sarawak government still unresolved.

Talks with Indonesia, meanwhile, focus on areas involving Sabah and are conducted in consultation with the state’s leadership, he added.

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