评“新加坡与马来西亚白礁岛主权归属案”.pdfVIP

Abstract As a reef of the entrance of the Singapore Strait ,The Pedra Branca island is not big,about a football fields size,but its strategic position to a country is very important,the one who owns it will decide whether or not to control the Singapore Strait.So,both Malaysia and Singapore advocate has sovereignty over it.Malaysia mainly based on its ancestor the State of Johor Sultanate has the original title of the Pedra Branca Island to advocate the sovereignty of this island,while Singapore mainly hold the point that through construction the lighthouse named Horsburgh Lighthouse on the Pedra Branca Island and then carried out maintenance management over a century constitute the legal possession the island to assert its sovereignty.The two sides reached an agreement to be submitted to the International Court of Justice of United Nations to hear after several diplomatic negotiations without result between the two sides. In the day of May23,2008,the court the Court concludes that sovereignty over Pedra Branca belongs to Singapore,sovereignty over Middle Rocks belong to Malaysia,sovereignty over South Ledge belongs to belongs to the State in the territorial waters of which it is located. This judgment concludes the sovereign over the island belongs to Singapore which construct a lighthouse on it and maintain it over a hundred years after 1851.Not based on the point of view of Singapore that the Pedra Branca is a terra nullius before 1840s,the selection of Pedra Branca as the site for building of the lighthouse with the authorization of the British Crown constituted a classic taking of possession à titre de souverain;but are based on the assessment of the conduct of the parties after building lighthouse.The court held that the conduct of Singapore implement on the Pedra Branca beyond the purely management the lighthouse,and become a sovereign act.But both of Johor Sultanate and its su